2023년 2월 26일 일요일

What is interim payments in English civil procedure?

Interim payments are a type of court order in English civil procedure that require a party to make a payment to another party before the final determination of the case. The purpose of an interim payment is to provide the receiving party with some financial relief pending the outcome of the case, particularly where there is a clear need for immediate financial assistance. Interim payments can be made in a variety of circumstances, such as where a claimant has suffered a personal injury and requires financial assistance to cover medical expenses and lost income, or where a party has suffered financial loss as a result of the defendant's breach of contract or other wrongdoing. The procedure for obtaining an interim payment will depend on the specific circumstances of the case, but will generally involve making an application to the court that sets out the grounds on which the payment is sought. The application must be supported by evidence that demonstrates the need for the payment, such as medical reports or financial statements. If the court is satisfied that an interim payment is appropriate, it will make an order specifying the amount and the date by which the payment must be made. The amount of the interim payment will be based on an assessment of the likely damages or losses that the receiving party will suffer if the claim is successful, and will take into account any interim payments that have already been made. It is important to note that an interim payment is not a final determination of the case, and the receiving party may still be entitled to additional damages or losses if the claim is successful. However, an interim payment can provide much-needed financial assistance to a party who is struggling as a result of the circumstances giving rise to the claim.

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