Interim payments in personal injury claims
Produced in partnership with Andrew Wilson
Interim payments in personal injury claims

The following PI & Clinical Negligence practice note produced in partnership with Andrew Wilson provides comprehensive and up to date legal information covering:

  • Interim payments in personal injury claims
  • Introduction
  • Background and entitlement
  • Conditions for interim payments

Introduction

Background and entitlement

Often an injured claimant, particularly a seriously injured one, will need funds well in advance of the final resolution of their case. Typically, their capacity to work and earn a living will have been temporarily or permanently disrupted. They may have needs, in relation to care, aids and equipment and accommodation arising from their injuries.

An interim payment is a payment on account of any damages, debt or other sum (excluding costs) which the defendant may be held liable to pay to the claimant.

An interim payment may be ordered where:

  1. the claimant is likely to succeed at trial

  2. it would be unjust to delay payment until after trial, and

  3. it would enable the claimant to replace lost earnings, pay for medical treatment or purchase suitable accommodation

There are specific rules which apply to interim payment requests for cases in e

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