CIVIL PROCEDURE ACT 2005 - SECT 82 Court may order interim payments

CIVIL PROCEDURE ACT 2005 - SECT 82

82 Court may order interim payments

(cf Act No 52 1970, section 76E; Act No 9 1973, section 58)

(1) In any proceedings for the recovery of damages, the court may order a defendant in the proceedings to make one or more payments to the plaintiff of part of the damages sought to be recovered in the proceedings.

(2) The court may make such an order against a defendant on the application of the plaintiff at any stage of the proceedings.

(3) The court may not make such an order unless--

(a) the defendant has admitted liability, or

(b) the plaintiff has obtained judgment against the defendant for damages to be assessed, or

(c) the court is satisfied that, if the proceedings went to trial, the plaintiff would obtain judgment for substantial damages against the defendant.

(4) The court may not make such an order if the defendant satisfies the court that--

(a) the defendant is not insured in respect of the risk giving rise to the plaintiff's claim for the recovery of damages, and

(b) the defendant is not a public authority, and

(c) the defendant would, having regard to the defendant's means and resources, suffer undue hardship if such a payment were to be made.

(5) The court may order a defendant to make one or more payments of such amounts as it thinks just, but not exceeding a reasonable proportion of the damages that, in the court's opinion, are likely to be recovered by the plaintiff.

(6) In estimating those damages, the court is to take into account any relevant contributory negligence, and any cross-claims, on which the defendant may be entitled to rely.

(7) The court may make an order under this section in proceedings for the recovery of damages to which Part 4 of the Motor Accident Injuries Act 2017 applies, but only an order for one or more payments to be made to the plaintiff of part of the damages for economic loss sought to be recovered in the proceedings and only if the court is satisfied that the plaintiff would suffer financial hardship if such a payment were not made.