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What will the Court consider when dealing with an application for an interim payment?

Annie Wescott

The Court will only make an order for interim payment if at least one of the below conditions are met:

  • the defendant (at-fault party) has admitted liability and is willing to pay (you) the claimant (even if there is contributory negligence)
  • the claimant has obtained a judgment against that defendant for damages to be assessed or for a sum of money (other than costs) to be assessed
  • if the claim went to trial, you would receive substantial damages