Interim payments

Question 1

what is the purpose?

Answer 1

promote fairness and avoid unnecessary hardship to Cs clearly entitled to damages without waiting for conclusion of the litigation process

Question 2

what should C do before making an application?

Answer 2

C should check whether D will make a voluntary payment first

Question 3

what are the time limits for service (all parties)?

Answer 3

o Application must be served at least 14 days before the hearing
o D must f&s any written evidence 7 days before the hearing
o C must f&s any written evidence 3 days before the hearing

Question 4

when will the court grant an order?

Answer 4

Court can only make an order where:
o D has admitted liability to pay damages or some other sum to C
o C has obtained judgment against D for damages or some other sum to be assessed (not inc. costs)
o The court is satisfied that if the claim went to trial C would obtain judgment against D for a substantial sum (other than costs)

Even the grounds are satisfied, the judge retains discretion to award an IP

Question 5

explain the amount and form of the award

Answer 5

• Court must not award more than a reasonable proportion of the final judgment + must take into account any contributory negligence, set-off or CC
• Court can order an IP by instalments

Question 6

if an award is made, what effect does this have at trial/the final award?

Answer 6

• If an IP is made this will be deducted from any final award
• IP should not be disclosed to trial judge until the judge is making the final order unless D agrees

Question 7

what must the evidence address?

Answer 7

o Sum of IP sought
o Items + matters in respect of which the IP is sought
o Sum of likely final judgment
o Reasons for believing ground is satisfied
o Any other relevant matters
o + in PI claims:
 details of special damages and past and future loss
 Fatal Accident Claim  details of person making claim + nature of claim