Key facts about interim payments 
The court has the power to award an Interim Payment by Order 29 rule 11 of the Rules of the Supreme Court. Some of the limitations were contained in the rules themselves, the most important ones being that:
- The defendant must be insured, or a public authority, or able to afford to make an interim payment.
- The defendant must have admitted that the accident was his fault, or judgement must have been entered against him, or it must be clear that the claimant will recover damages from the defendant: that is to say, it must be obvious that the accident was the fault of the defendant, either wholly or in part.
- The court has discretion whether or not to make an award.
- The court must not award more than a reasonable proportion of the damages which are likely to be recovered.
