638150
Interim Payments
- When can they be made?
- D admits liability
- C has obtained judgment and
is waiting for damages to be
assessed
- If it went to trial, the
Claimant would obtain
judgment for a substantial
amount of money
- Where there is multiple defendants
- Judgment
would be
obtained at
trial against
one of them
for a
substantial
amount AND
- All are insured OR
- Liability will be met by
insurer - IE Motor Insurance
Bureau
- D is a public body or
- All are insured OR
- Judgment
would be
obtained at
trial against
one of them
for a
substantial
amount AND
- D admits liability
- How much?
- No more than a reasonable
proportion of the likely amount of
the final judgment
- Must take into account
- Contrib neg
- Any set-off
- Any counterclaim
- Contrib neg
- Must take into account
- No more than a reasonable
proportion of the likely amount of
the final judgment
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