This flowchart summarises the interim payment process under the JCT Standard Building Contract

This Practice Note provides information on the court’s approach to determining the amount to order by way of an interim payment on account of costs. It provides information on the court’s approach where there are costs budgets as well as the court’s approach where costs budgeting has not taken place. It also provides details of illustrative decisions. This Practice Note should be read in conjunction with Practice Notes: Interim payment on account of costs orders—principles and Interim payment on account of costs orders—making the application. Determining the amount to be awarded The key principles for determining the amount to be awarded are set out in Excalibur Ventures v Texas Keystone (2015) where Christopher Clarke LJ noted that the change in the presumption in CPR 44.2(8) on 1 April 2013 had generated ‘much conflicting case law’. He concluded that the test was not what was an 'irreducible minimum' but rather what was a ‘reasonable sum’. So practitioners should consider the following when considering what sum the court may award for payment on account

This Practice Note provides guidance on making an application for an interim payment on account of costs order, what to consider prior to making the application and the timing of it. It also provides guidance on the level of costs information required by the court. This Practice Note should be read in conjunction with Practice Notes: Interim payment on account of costs orders—principles and Interim payment on account of costs orders—amount awarded. Making the application A party in the proceedings that has a costs order in its favour, ie the receiving party, can make an application for an order for an interim payment on account of costs. However, it should also be noted that the wording in CPR 44.2(8) means that the court can, of its own volition, make such an order at the same time as making the costs order. It is important when making such an application to ensure that the court will have sufficient time to deal with it. This issue arose in Ffrees Family Finance Ltd v U

This Practice Note considers what an interim payment on account of costs is, when such an order will be made and the presumption that an order will be made if there is a detailed assessment. Information is also provided on what constitutes a good reason to overturn the presumption and the courts approach to applications to stay an order for interim payment. For information on making an application for an interim payment on account of costs and the court’s approach to determining the amount to order, see Practice Notes: Interim payment on account of costs orders—making the application and Interim payment on account of costs orders—amount awarded. What is an interim payment on account of costs? Where the court has made an order for the payment of costs by the losing party, the successful party will not recover their costs until either the parties agree costs or the conclusion of the detailed assessment and this may take some considerable time. However, the general principle, set out in Mars UK Ltd v Teknowledge (1999),

Interim payment process in the NEC4 Engineering and Construction

This Practice Note provides an overview of what interim payments are, how the right to be paid (usually by monthly or stage/milestone payments) arises and the contractual mechanisms for interim payment. It also considers the need to ensure that interim payment mechanisms meet the requirements of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), and examines how the payment regime is dealt with in standard forms such as the JCT and NEC contracts. See also Practice Note: Interim payments in construction contracts. For a list of key cases considering the payment provisions of the HGCRA 1996, see Practice Note: HGCRA 1996 payment provisions—key cases. In relation to the JCT and NEC contracts, see also Practice Notes: JCT contracts—price and payment and NEC contracts—price and payment. What is an interim payment? Construction projects can be worth millions of pounds, and the programme periods can stretch over months and years. Very few contractors would be able to complete such an undertaking if they had to wait until the works were completed before receiving any payment. As

PI & Clinical Negligence analysis: The claimant was an infant passenger in a car driven by the defendant. He lost control, and the car overturned. The claimant suffered a serious traumatic brain injury. The claimant was severely disabled after the accident. However, he suffered from a chromosomal abnormality which might be the cause of much of his disability, rather than injuries sustained in the accident. Liability was not in dispute. The claimant applied for an interim payment towards further care cost. The defendant refused further payment on the basis that there was a substantial risk of an overpayment. The medical evidence, at the time of this application, was incomplete and disputed. The issue was whether the court had to do the best it could with that evidence, or whether it should expect a sufficient overall level of evidence before payment would be ordered. The court found the latter. Written by Robert Parkin, barrister at Deka Chambers.

This Practice Note explains what an interim payment order is and the circumstances in which the court will grant one. It deals with the conditions for making an interim payment order under CPR 25.23 and how the court calculates the amount of an interim payment order, which is a ‘reasonable proportion of the likely amount of the final judgment’. For guidance on how to apply for an interim payment order, see Practice Note: Interim payments—procedure and effect on final judgment. Amends to CPR in April 2025 With effect from 6 April 2025, CPR 25 was substantially amended and Practice Direction 25B, which previously contained detailed rules for interim payments, was revoked. The amendments are part of a simplification project for the CPR and are not intended to be substantive. The provisions of Practice Direction 25B have been incorporated into the main body of the rules in CPR 25. For further details, see Practice Note: Interim remedies—CPR Part 25, Practice Direction 25A and Practice Direction 25B—destination and derivation tables [Archived]. Although it is assumed that the principles derived

ARCHIVED: This Practice Note has been archived. The rules governing interim payments were substantially amended with effect from 6 April 2025—for general guidance on the impact of these amendments and the approach to pre-April 2025 case law, see Practice Note: Interim payments—guiding principles. 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: • Interim payments—guiding principles • 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: Introduction to interim payments in personal injury claims. Case details and analysis Judgment date Case summary Chancery Division (Property Trusts and Probate List) Axnoller Events Limited v Brake [2022] EWHC 1162 (Ch) 18 May 2022 This is a useful illustration of the court assessing the

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below. This Practice Note explains the procedure for applying for an order for an interim payment under CPR 25.23. It also sets out what happens after an interim payment order has been made, including variations to the order itself and the effect on any final determination of the claim. For details on the circumstances in which the court can make an order for an interim payment, see Practice Note: Interim payments—guiding principles. Amends to CPR in April 2025 With effect from 6 April 2025, CPR 25 is substantially amended and Practice Direction 25B, which previously contained detailed rules for interim payments, is revoked. The amendments are part of a simplification project for the CPR and are not intended to be substantive. The provisions of Practice Direction 25B have been incorporated into the main body of the rules

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A court appointment, often of the official receiver, made at any time after the presentation of a bankruptcy petition to protect the debtor's property pending the making of a bankruptcy order.