PART 25E+W[F1INTERIM REMEDIES AND SECURITY FOR COSTS]

Textual Amendments

Modifications etc. (not altering text)

C1Pt. 25 restricted (17.7.2013) by Finance Act 2013 (c. 29), s. 234

[F2I INTERIM REMEDIES] E+W

Interim payments—general procedureE+W

25.6—(1) The claimant may not apply for an order for an interim payment before the end of the period for filing an acknowledgement of service applicable to the defendant against whom the application is made.

(Rule 10.3 sets out the period for filing an acknowledgement of service)

  • (Rule 25.1(1)(k) defines an interim payment)

(2) The claimant may make more than one application for an order for an interim payment.

(3) A copy of an application notice for an order for an interim payment must—

(a)be served at least 14 days before the hearing of the application; and

(b)be supported by evidence.

(4) If the respondent to an application for an order for an interim payment wishes to rely on written evidence at the hearing, he must—

(a)file the written evidence; and

(b)serve copies on every other party to the application,

at least 7 days before the hearing of the application.

(5) If the applicant wishes to rely on written evidence in reply, he must—

(a)file the written evidence; and

(b)serve a copy on the respondent,

  • at least 3 days before the hearing of the application.

(6) This rule does not require written evidence—

(a)to be filed if it has already been filed; or

(b)to be served on a party on whom it has already been served.

(7) The court may order an interim payment in one sum or in instalments.

(Part 23 contains general rules about applications)

Commencement Information

I1Rule 25.6 in force at 26.4.1999, see Signature