A more recent version of these Interim Payment notes – written by City Law School students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
INTERIM PAYMENT Order for payment of a sum of money by Defendant on account of damages/debt/other sum (not costs) which the court may hold Defendant liable to pay. Purpose: alleviate hardship to Claimants waiting for payment Unlikely in Small Claims Track claims as not large enough to justify expense of application Mostly in Multi-Track claims due to delay. Parties may agree voluntarily to interim payment where liability not in dispute (only quantum) Grounds Interim payment only ordered if:
Defendant has admitted liability to pay damages/sum to Claimant, or
Claimant has obtained judgment (on liability) against Claimant for sum to be assessed (inc: interlocutory judgment),
Court satisfied that, if trial, Claimant would obtain judgment for a substantial sum of money, or
Claimant seeking possession of land and court satisfied in trial Defendant would be liable to pay Claimant for use of land whilst claim is pending, or
Multiple Defendants + further conditions:
* Claimant has very strong case against one Defendant, or
* Claimant's case against multiple Defendants likely to succeed (but cannot identify one Defendant particularly), and
# there are 2+ Defendants,
# If trial Claimant would obtain judgment against at least one Defendant for a substantial sum of money,
# cannot determine which Defendant, and
# all Defendants are insured/public bodies/liability will be met by motor insurer
"Would obtain judgment" - court must be satisfied on the balance of probabilities "Substantial sum of money" - not negligible sum Effect of Defences & Counterclaims Court must take into account all set-offs and counterclaims If counterclaim worth more than Claimant's claim - Interim payment may be inappropriate Court's Discretion Court has discretion - may not order even if ground made out
Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.