Q&As

Can a solicitor ask for payment of interest on the late payment of a court-ordered interim payment?

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Produced in partnership with Peter Edwards of Devereux Chambers
Published on LexisPSL on 16/10/2019

The following PI & Clinical Negligence Q&A produced in partnership with Peter Edwards of Devereux Chambers provides comprehensive and up to date legal information covering:

  • Can a solicitor ask for payment of interest on the late payment of a court-ordered interim payment?

We have not been able to find any authority which considers the issue of whether interest is payable on the late payment of a court ordered interim payment. This is, perhaps, understandable given the rarity of a defendant insurer not complying with an order by the court for the payment of a particular sum.

Therefore, it is necessary to go back to first principles to seek to establish the answer to this Q&A.

An application could be made for an Unless Order compelling payment of the outstanding interim payment (for example, Tonstate Group Limited v Edward Wojawski). As part of its general case management powers, the court can order that a party’s claim will be struck out ‘unless’ they comply with a court order by a given date (see CPR 3.5(1) and CPR 3.4). For further guidance, see Practice Note: Unless orders. The court has the power to order t

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