Interim Payments

One type of remedy provided for by Part 24 is an interim payment. This is an advance payment of on account of any damages, debt or other sum excluding costs that a defendant may be held liable to pay.

Rule 25.7 sets out the grounds on which an interim payment could be ordered. This states:

(1) The court may only make an order for an interim payment where any of the following conditions are satisfied –

(a) the defendant against whom the order is sought has admitted liability to pay damages or some other sum of money to the claimant;

(b) the claimant has obtained judgment against that defendant for damages to be assessed or for a sum of money (other than costs) to be assessed;

(c) it is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against the defendant from whom he is seeking an order for an interim payment whether or not that defendant is the only defendant or one of a number of defendants to the claim;

Ground C requires the applicant to show, on the balance of probabilities, that they will succeed. It is not adequate for the applicant to show that they are likely to succeed.

An application is made using an N244 form and supported by evidence.