Interim payment Definition

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GLOSSARY

/ˈɪnt(ə)rɪm/ /ˈpeɪm(ə)nt/

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What does Interim payment mean?

An order for payment by a defendant on account of any damages, debt or other sum (except costs) which the court may hold the defendant liable to pay.

Like all interim orders, the relevant procedure is governed by Civil Pocedure Rule 25 and, in particular, Rules 25.6 and 25.7.

Dispute Resolution

An order for payment by a defendant on account of any damages, debt or other sum (except costs) which the court may hold the defendant liable to pay.

Like all interim orders, the relevant procedure is governed by Civil Pocedure Rule 25 and, in particular, Rules 25.6 and 25.7.

View the related checklists about Interim payment

Sub-contractor steps to take if contractor becomes insolvent—checklist

Sub-contractor steps to take if contractor becomes insolvent—checklist This Checklist sets out a number of practical steps that a sub-contractor should consider taking in the event that the main contractor on a construction project becomes insolvent during the course of the works. It assumes that the sub-contractor has been engaged on written terms by a main contractor for a specific sub-contract package on a construction project and that the main contractor has been paying the sub-contractor directly (ie there is no project bank account, escrow account or other arrangement as to payment). For guidance on how to spot potential problems with solvency and how to protect the sub-contractor’s position at the outset of a project, see Practice Note: Construction insolvency—how to spot problems and how to protect yourself—sub-contractors. In the event that the main contractor engaged on a construction project has become insolvent, the sub-contractor needs to act quickly and consider all the practical and legal steps it can take to protect its position. Steps that the sub-contractor should consider...

Child claimants—checklist

Child claimants—checklist This Checklist outlines relevant considerations and the possible steps to follow where the victim of a personal injury claim is a child. A child is any person under the age of 18. Requirement Authority Considerations Further reading Limitation —sections 28 and 38(2) of the Limitation Act 1980 (LA 1980)—LA 1980, ss 11 and 14—LA 1980, s 11(5) —the limitation period begins to accrue from the child's 18th birthday (or the date of knowledge if later), rather than from the date of the accident—limitation period for personal injury claims is three years—in the case of death, the three-year limitation period begins to run from the date of death, or from the date of the personal representative's knowledge if later Disability, fraud, concealment and mistake—sections 28 and 32 of the Limitation Act 1980Time limits under the Limitation Act 1980—personal injury claims Litigation friend —CPR 21.2—CPR 21.4—CPR 21.5—CPR 21.6—CPR 23—CPR 21.9 —a child must have a litigation friend to conduct civil proceedings on their behalf, unless the court directs otherwise—an...

Interim payment in JCT Intermediate Building Contract 2024 and 2016—flowchart

Interim payment in JCT Intermediate Building Contract 2024 and 2016—flowchart This flowchart summarises the interim

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Interim payment in JCT Design and Build Contract 2011 (Alternative B)—flowchart [Archived] ARCHIVED: This flowchart has been archived and is not maintained. This flowchart illustrates

Recovering retention—checklist

Recovering retention—checklist This Checklist sets out the key issues to consider when dealing with the payment or recovery of retention monies. It assumes that the contract is subject to the HGCRA 1996 and primarily refers to employer–contractor retention monies, although the same issues also apply to contractor–sub-contractor retention monies. See Practice Note: Retention of payment in construction contracts for an explanation of retention, when it is usually paid, and the way retention is dealt with under JCT and NEC contracts. • What does the building contract say? At the outset, check the provisions of the building contract surrounding retention. The most common arrangement is that the retention monies are due in two halves: the first 50% is payable after practical completion of the works, and the remainder after completion of any defects notified during the defects period. Building contracts expressly state that the retention should be held on trust. Even if they do not make this provision, case law implies this requirement. However, a common amendment is to remove the...

Case C- 415/14 P Quimitécnica.com and José de Mello v Commission (essential procedural requirements)

Case C- 415/14 P Quimitécnica.com and José de Mello v Commission (essential procedural requirements) CASE HUB (date of judgment—28/01/2016) See further: timeline, commentary and related/relevant cases Case facts ARCHIVE—28/01/2016 Outline Appeal brought by Quimitécnica and José de Mello against the judgment of the General Court upholding the decision of the Commission’s accounting officer of 8 October 2010 concerning payment by instalment of the fine imposed on the appellants by the Commission decision of 20 July 2010 (and taken in the framework of a 'hybrid' settlement procedure) relating to a three-decade long cartel in the European animal feed phosphates market ('Animal feed phosphates cartel'). In particular, the challenge relates to the requirement that Quimitécnica provide a bank guarantee from a bank with a long-term 'AA' credit rating from one of three specified credit rating agencies in relation to the fine imposed on Quimitécnica for its participation in the cartel. On 28 January 2016, the Court of Justice set aside the General Court judgment and referred the...

Discover our 240 Practice Notes on Interim payment

Final order (trade mark infringement and passing off)

Final order (trade mark infringement and passing off) Case No. [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [INTELLECTUAL PROPERTY ENTERPRISE COURT (IPEC) Before: Date: BETWEEN: [insert full name of claimant] Claimant and [insert full name of defendant] Defendant ________________________________________ ORDER ________________________________________ UPON the trial of action [insert claim number] before [Mr OR Mrs OR Miss OR [insert other]] Justice [insert name] on [insert trial date]; AND UPON the Court giving judgment in the action on [insert date]; AND UPON the Court finding for the Claimant in respect of its claims for infringement of UK registered trade mark no. [insert number] (the Trade Mark) and for passing off; AND UPON the Court finding against the Defendant in respect of its counterclaim for [invalidity and/or revocation] of the Trade Mark; IT IS ORDERED THAT: Injunctions 1 The Defendant shall not (whether acting by its directors, officers, employees, agents or otherwise howsoever):...

JCT Management Works Contract 2016—Form of Agreement and Amendments

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Dive into our 30 Precedents related to Interim payment

In a claim where liability was admitted and a client received a £3,000 interim payment, is there any obligation for that interim payment to be repaid to the defendant's insurers in circumstances where the client is not proceeding? The client has not responded and I am preparing to close their file on that basis.

In a claim where liability was admitted and a client received a £3,000 interim payment, is there any obligation for that interim payment to be repaid to the defendant's insurers in circumstances where the client is not proceeding? The client has not responded and I am preparing to close their file on that basis. An interim payment is a payment made by a defendant on account of a claimant's monetary claim before the court has made a final determination on the amount of that claim. For further guidance, see Practice Note: Interim payments—guiding principles. The Butterworths Personal Injury Litigation Service defines it as ‘a payment on account of any damages, debt or other sum (excluding costs) which that party may be held liable to pay’ . CPR 38.2(2)(b) provides that: 'where the claimant has received an interim payment in relation to a claim (whether voluntarily or pursuant to an order under Part 25), he may discontinue that claim only if— • the defendant who made the interim payment consents in...

Where a sub-contractor has a number of unpaid invoices, can it commence a single adjudication in respect of all of them or would this constitute multiple disputes?

Where a sub-contractor has a number of unpaid invoices, can it commence a single adjudication in respect of all of them or would this constitute multiple disputes? This Q&A assumes that there is a dispute as to valuation of works carried out under a single unified construction contract between a contractor (C) and its sub-contractor (S) which is subject to the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) but does not include bespoke provisions as to referral to adjudication, and thus, Part 1 of the Scheme for Construction Contracts (the Scheme), SI 1998/649 applies. A party to a construction contract has a right to refer ‘a dispute arising under the contract’ to adjudication at any time under HGCRA 1996, s 108(1). It is very important for a party considering referring a matter to adjudication to consider closely whether an adjudicator will have jurisdiction to resolve the relevant factual dispute (or disputes) within a single adjudication, or whether several adjudications are necessary. See Practice Note:...

See the 26 Q&As about Interim payment

Construction adjudication–common themes and key takeaways

Construction analysis: King’s College London (KCL) third report on construction adjudication in the UK, titled ‘2024 Construction Adjudication in the United Kingdom: Tracing trends and guiding reform’ ( Adjudication Report), confirms that adjudication continues to be a popular method of resolving disputes in the construction industry. In this article, Joseph Hale and Jennifer Fitzmaurice, partner and professional support lawyer at Eversheds Sutherland, consider the report and what the future might hold for statutory adjudication in the UK.

PI & Clinical Negligence weekly highlights—31 October 2024

This week's edition of PI & Clinical Negligence weekly highlights includes a High Court interim payment award of over £2m, a Court of Protection decision to release a Deputy from reverse indemnity undertakings and a case analysis where fundamental dishonesty was found not to apply to false imprisonment claims. We also bring you the newly released 2024 ONS annual survey for hours and earnings figures. In addition, we have our usual round up of other news, cases and New Law Journal articles of interest.

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