Applying for an interim payment icn interim

In order to present an application for an Interim Payment, the application must be supported with evidence. The claimant or his solicitor must swear a statement setting out the nature of the claim; it will be necessary to disclose relevant experts' reports which describe the claimant's condition and needs, and those needs must be immediate and pressing. The true nature of the claimant's need must be established through an evidence-based schedule of the claimant's financial claim, showing immediate and pressing need.

A well-drafted schedule is now a pre-requisite to a successful Interim Payment application, and that task is best undertaken by those with real expertise and experience in this area. The opposite observation is also true – a badly drafted schedule is likely to lead to a negative result.

It is important for claimants to explain why the money is needed. Insurers may be more obliging if they know that the legal process is being conducted responsibly, and that the money is not being frittered away. Rehabilitation is a good example: if it is made clear that the money is needed for a specific programme of rehabilitation, with appropriate goals and targets, which might either improve the quality of the claimant's life, or reduce his claim for care or loss of earnings, it is likely to be easier to obtain an Interim Payment by consent.

Claimants and their advisers may not always know that they are entitled to apply to the court on several occasions, not just once. In practice, this has been done frequently in substantial cases, usually because a claimant's needs develop as time passes: for example, once a suitable home has been bought with an early Interim Payment, it is then possible to start to employ a regime of care, either because the family cannot cope on their own or because it is more appropriate for them to return to work and pass some of the burden of care to professionals. In order to employ the carers, a further Interim Payment is needed.