In some cases the Defendant admits liability and causation without the need for a trial. Sometimes the admission is received early on in proceedings and if so, an interim payment may be obtained.
Interim payments may be payable if :
- The Defendant is a public body
- liability and causation are not in issue
- the interim payment is only a reasonable proportion of the overall likely award
- Interim payments can be obtained in cases where the NHS is the Defendant and the admission has been provided. If the claim is worth for example, 2 million up to 500,000 (in some circumstances more) can be obtained as an interim payment
What Can It Be Spent On?
Usually, a Claimant must justify the amount required to the Court when making the application on behalf of a child or a Patient.
Usual items include adapted accommodation, setting up a care regime, aids and equipment (eg wheelchair, specialist bathroom equipment) and adapted vehicles.
It is important to remember that even though a Defendant may provide an interim payment to purchase these items, the burden is still upon the Claimant to prove the need for those items at trial or earlier settlement. Any over spending in one area will mean that there is less for another.
When the final award of compensation is made, the interim payment will be deducted from it.
If you have any comments in relation to Interim Payments, please use the online discussion forum.
For your particular and major part in all this, for your hard work and pleasant and reassuring manner, I am deeply grateful: Bill, West Midlands
