#4705 - Interim Payment - BPC Civil Litigation

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