Interim payments—key and illustrative decisions
Interim payments—key and illustrative decisions

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Interim payments—key and illustrative decisions

This Practice Note summarises a number of key and/or illustrative cases relevant to interim payments.

For guidance on the procedure for making an application for an interim payment and the principles to be applied, see Practice Notes:

  1. Interim payments—guiding principles

  2. Interim payments—procedure and effect on final judgment

Note that the above Practice Notes and the cases below are focused on interim payments in a non-personal injury context. For guidance on interim payments in personal injury cases, see Practice Note: Interim payments in personal injury claims.

Case details and analysisJudgment dateCase summary
Chancery Division
The Financial Conduct Authority v Avacade Ltd [2020] EWHC 2175 (Ch)
7 August 2020This judgment included (among other things) applications for interim restitution orders (IROs) against each defendant.
The power to grant a final restitution order is found in section 382 of the Financial Services and Markets Act 2000 (FSMA 2000). For the purposes of an interim payment order, the court had to be satisfied that a relevant gateway was met, in this case the ‘threshold or gateway’ requirement in CPR 25.7(1)(c), ie whether, if the claim proceeded to trial, the FCA would obtain a restitution order for a substantial amount of money (other than costs) against each of the defendants pursuant to FSMA 2000, s 382.
With reference to Test Claimants in the FII Group Litigation (see below), the

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