Interim payments, periodical payments and provisional damages

Interim payments

A defendant may make a voluntary interim payment at anytime, including before proceedings have been issued. A claimant can make an application for an interim payment at any time after proceedings have been issued and the time provided for filing an acknowledgment of service has expired. The permission of the court must be obtained before making a voluntary interim payment in respect of a claim by a child or protected party.

Pursuant to CPR 25.23, the court can only order a defendant to make an interim payment in one of the following situations:

1. •

   the defendant has admitted liability to pay damages or some other sum of money to the claimant

2. •

   the claimant has obtained judgment against the defendant for damages or some other sum to be assessed (this does not include costs)

3. •

   the court is satisfied that, if the claim went to trial, the claimant would obtain judgment against that defendant for a substantial sum of money (other than costs), whether or not that defendant is the only defendant or one of several

Where an interim payment