LPC Dispute Resolution WS6 and Seminar 6 (High Distinction 95%) Comprehensive exam notes 2022: 2023 to include:
1. Interim Payments orders;
2. Security for Costs;
3. The White Book Commentary on Impecuniosity;
4. Summary Judgment;
5. Part 36 Offers;
6. Flowchart - Failure to Accept a Claimant...
lpc dispute resolution ws6 and seminar 6 high distinction 95 comprehensive exam notes 2022 2023 docx
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1. Interim Payments Orders1
Civil Litigation, 10.7
An interim payment order requires a party to make an advance payment on account of damages, a debt
or other sum (excluding costs).
The idea behind this power is that a Claimant can avoid the financial hardship of any delay between
commencing the claim and its final determination.
A court can only make an order for an interim payment where certain conditions, set out in CPR 25.7, are
satisfied.
Time When an The claimant may NOT make an application until after the time for acknowledging
Order May be service (CPR 25.2(c)).
Made The claimant MAY make more than one application (CPR 25.6).
Procedure Application The application notice must be:
Notice Served at least 14 days before the hearing.
CPR 25.6 Supported by evidence of (PD 25B, Para 2.1):
The amount of the payment being sought.
Civil Litigation The items or matters in respect of which the interim
10.7.1 payment is sought.
The likely amount of the final judgment.
The reasons for believing the conditions for an
interim payment are satisfied.
Any other relevant matters.
Respondent’s If the respondent wishes to rely on written evidence, this must be
Evidence served at least 7 days before the hearing.
Applicant’s If the applicant wishes to use evidence in reply, this must be
Evidence in served at least 3 days before the hearing.
Reply
Grounds The applicant must prove, on the balance of probabilities, one of the grounds in CPR
25.7(1), the most important of which2 are:
CPR 25.7(1) (a) The defendant has
admitted liability to
Civil Litigation pay damages, or
10.7.2 (b) The claimant has
obtained judgment
for damages to be
assessed.
(c) If the claim went “Would obtain judgment”:
to trial, the claimant This is a high burden.
would obtain Litigation inevitably involves risk, and so the
judgment for a court must be satisfied that the applicant will
1
Workshop 6, Consolidation Task
2
For the purposes of this guide, we have not included the grounds under CPR 25.7(1(d) and CPR 25.7(1)(e)(ii)(b). These are specialist
grounds which are unlikely to be assessed in the core Civil Litigation module of the LPC.
, substantial amount succeed at trial, not merely that this is likely
of money from the (British and Commonwealth Holdings PLC v
Defendant. Quadrex Holdings Inc [1989] 3 WLR 723).
“Substantial Amount of Money”:
This means “a substantial, as opposed to a
negligible amount of money… in the context of
the total claim made. What is a substantial
amount of money in a case where there is a
comparatively small claim may not be
substantial amount when the claim is for a
much larger claim” (HMRC v the GKN Group
[2012] EWCA Civ 57).
“It may be that in very small claims an
applicant could never satisfy the court that….
the amount of money… would be substantial”
(HMRC v the GKN Group [2012] EWCA Civ 57).
(e) In a claim against The court is satisfied that the claimant would obtain
two or more judgment for a substantial amount of money against
defendants… at least one of the defendants and
All the defendants are insured, or public bodies.
It is not necessary to show that the applicant will suffer any prejudice if they do not
receive the payment; all that is necessary is that they make out the grounds
(Stringman v McArdle [1994] 1 WLR 1653).
Court’s If the applicant can establish an entitlement to an interim payment, the court has
Discretion discretion as to:
Whether it The court may decline to make an order if:
Civil Litigation makes an the issues are complicated, or if complicated questions of
10.7.2 order at all. law arise (British and Commonwealth Holding plc v
Quadrex Holdings Inc [1989] 3 WLR 723)
Significant issues of causation remain at large (so that the
final amount which will be recovered is uncertain)
(Farrington v Menzies-Haines [2019] EWHC 1297 (QB))
If made, the The court must not make an interim payment of more than a
amount of “reasonable proportion of the likely amount of the final
the order. judgment”.
The court will also consider what sum the defendant is able to pay
(E.g., British and Commonwealth Holdings PLC v Quadrex Holdings
Inc [1989] 3 WLR 723: the Court of Appeal held that an interim
payment of £75 million when the total claim was for £100 million
was unnecessarily high having regard to the impact this would
have on the defendant’s business in the intervening period.
What if the If the defendant is ordered to make an interim payment that ultimately is more than
interim the final judgment, the court:
payment Will invariably order that the outstanding sum be paid back to the defendant
, exceeds the (Wakefield v NJS [2021] EWHC 3452 (QB)).
final judgment? May award interest on the overpaid amount from the date of the interim
payment.
Civil Litigation,
10.7.3
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