Interim Payment

Question 1

Interim Payment are when C wants to claim an advance payment of what he believes he will in damages.

Question 2

An Interim payment can only be applied by C after the end of the period of filing AOS

Answer 2

Interim Payment (Part 23)
1. The application are made on notice to D
2. Must be supported by evidence
-amount sought
-money used for
-reasons for believing the relevant ground is satisfied
-Pi claim, details of special damges

Question 3

Interim Payment MAY only be ordered if

Answer 3

1. D has ADMITTED LIABILITY to pay damages or some other sum of money to C
2. C has obtained judgment against D for dmgs with sum yet to be assessed
3. The court is satisfied that if the claim when to trial C would obtain a substantial amount of money from D
4. C seeks possession of land

Question 4

Serving Interim application notice

Answer 4

Rmbr that for Interim Application is to serve the application notice at least “3 clear days” before the court is to deal with the application of interim application hearing

Question 5

Serving Interim Payment Application

Answer 5

14/7/3 rule

1. R must be given at least 14 clear day notice of the date fixed for hearing
2. At leas 7 days before the hearing, R files, then serves on A WRITTEN EVIDENCE in response and the application notice shld draw R attention to this
3. At least 3 clear days, Appelant files then serves on Respondent written evidence in reply before the hearing.

Question 6

Interim Payment Orders
- When making interim payment

Answer 6

1. The court must not order an interim payment of more than A REASONABLE PROPORTION of the likely amount of the final judgment
2. The court must take into account when ordering the amount of any interim payment, any CONTRIBUTORY NEGLIGENCE by C and any relevant SET OFF/COUNTERCLAIM by D

Question 7

What if dring proceedings, C becomes aware of the need to find out the identity of another potential D

Answer 7

Apply for Norwich Phramacal Order this will be a Part 23 application.

So need serve application notice on the other side, with evidence and a draft of the requested order.