What does Interim payment mean? An interim payment is a court order requiring a defendant (or defender in Scotland) to pay a sum on account before final judgment. It does not cover legal costs. In England and Wales, the procedure is defined in CPR Part 25: the court may order an interim payment on account of any damages, debt or other sum (excluding costs) which it may hold the defendant liable to pay. The amount must be a reasonable proportion of the likely final award and is credited against the judgment; any overpayment can be repaid or secured. Scotland, Northern Ireland and Ireland recognise similar remedies through...
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The rules on interim payments changed significantly from 6 April 2025. For broad guidance on the ramifications of those amendments, and on handling pre‑April 2025 case law, see Practice Note: Interim payments—guiding principles. This Note sets out a selection of leading and/or illustrative decisions concerning interim payments.
For assistance with the Application procedure and the principles that apply, consult:
Note that the above Practice Notes, and the cases that follow, address interim payments in a non‑personal injury context. For guidance on interim payments in personal injury matters, see Practice Note: Introduction to interim payments in personal injury claims.
Case: Axnoller Events Limited v Brake [2022] EWHC 1162 (Ch)
Judgment date: 18 May 2022
Case summary: A helpful example of the court gauging the probable amount of the eventual judgment. The claimant obtained an award for mesne profits (also termed damages for loss of use and occupation) together with a possession order for...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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