We ask the defendant for an interim payment, which they will either agree to or refuse. If agreed, we can expect them to send through your interim payment, which we will process to your bank account.
If they refuse, we’ll explain the next options to you. This includes requesting for the court to decide if it should order the defendant to release the interim payment. We will firstly need to log your claim with the court if it has not already been logged.
If you want the court to decide on the issue, then your representative will discuss this with you and draft the paperwork necessary for the court. Any application to the court for an interim payment will need to be supported with evidence of the potential value of the claim. One of the conditions of being able to issue is that medical evidence has been obtained.
Once the paperwork has been filed, the court will be in touch with the judge’s decision or hearing date. At a hearing, the judge will hear from both parties and decide if an interim should be paid.