Section 25.23

The court may only make an interim payment order where any of the following conditions are satisfied— the defendant against whom the order is sought has admitted liability to pay damages or another sum of money to the claimant; the claimant has obtained judgment against that defendant for damages to be assessed, or for another sum of money (other than costs) to be assessed; it is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against the defendant from whom they are seeking an interim payment, whether or not that defendant is the only defendant or one of several; the claimant is seeking an order for possession of land (whether or not any other order is also sought), and the court is satisfied that, if the case went to trial, the defendant would be held liable (even if the claim for possession fails) to pay the claimant a sum of money for the defendant’s occupation and use of the land while the claim for possession was pending; or there are two or more defendants and the order is sought against any one or more of them, and— the court is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against at least one of the defendants (but the court cannot determine which); and all the defendants are either public bodies; or insured in respect of the claim; or are defendants whose liability will be met by an insurer under section 151 of the Road Traffic Act 1988, or an insurer acting under the Motor Insurers Bureau Agreement, or the Motor Insurers Bureau where it is acting itself.

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Source: legislation.gov.uk · retrieved 2026-08-15