1.Interpretation. (O. 22A r. 1) [Ins. P.U. (A) 192/93]
In this Order–
"interim payment", in relation to a defendant means a payment on account of any damages, debt or other sum (excluding costs) which he may be held liable to pay to or for the benefit of the plaintiff; and any reference to the plaintiff or defendant includes a reference to any person who, for the purpose of the proceedings, acts as next friend of the plaintiff or guardian of the defendant.
2.Application for interim payment. (O. 22A r. 2)
(1) The plaintiff may, at any time after the writ has been served on a defendant and the time limited for him to acknowledge service has expired, apply to the Court for an order requiring the defendant to make an interim payment.
(2) An application under this rule shall be made by summons in Form 38A but may be included in a summons for summary judgment under Order 14.
(3) An application under this rule shall be supported by an affidavit which shall–
(a) verify the amount of the damages, debt or other sum to which the application relates and the grounds of the application;
(b) exhibit any documentary evidence relied on by the plaintiff in support of the application; and
(c) if the plaintiff’s claim is made under Part III of the Civil Law Act 1956, contain the full particulars of the person for whom and on whose behalf the action is being brought and of the nature of the claim in respect of which damages are sought to be recovered.
(4) The summons and a copy of the affidavit in support and any documents exhibited thereto shall be served on the defendant against whom the order is sought not less than 14 clear days before the return day.
(5) Notwithstanding the making or refusal of an order for an interim payment, a second or subsequent application may be made upon cause shown.
3.Order for interim payment in respect of damages. (O. 22A r. 3)
(1) If, on the hearing of an application under rule 2 in an action for damages, the Court is satisfied–
(a) that the defendant against whom the order is sought (in this paragraph referred to as the "respondent") has admitted liability for the plaintiff’s damages; or
(b) that the plaintiff has obtained judgment against the respondent for damages to be assessed; or
(c) that, if the action proceeded to trial, the plaintiff would obtain judgment for substantial damages against the respondent or, where there are two or more defendants, against any of them, the Court may, if it thinks fit and subject to paragraph (2) order the respondent to make an interim payment of such amount as it thinks just, not exceeding a reasonable proportion of the damages which in the opinion of the Court are likely to be recovered by the plaintiff after taking into account any relevant contributory negligence and any set-off, cross-claim or counterclaim on which the respondent may be entitled to rely.
(2) No order shall be made under paragraph (1) in an action for personal injuries if it appears to the Court that the defendant is not a person falling within one of the following categories, namely–
(a) a person who is insured in respect of the plaintiff’s claim;
(b) a public authority; or
(c) a person whose means and resources are such as to enable him to make the interim payment.
4.Order for interim payment in respect of sums other than damages (O. 22A r. 4)
If, on the hearing of an application under rule 10 2, the Court is satisfied– [Am. PU(A)342/2000]
(a) that the plaintiff has obtained an order for an account to be taken as between himself and the defendant and for any amount certified due on taking the account to be paid; or
(b) that the plaintiff’s action includes a claim for possession of land and, if the action proceeded to trial, the defendant would be held liable to pay to the plaintiff a sum of money in respect of the defendant’s use and occupation of the land during the pendency of the action, even if a final judgment or order were given or made in favour of the defendant; or
(c) that, if the action proceeded to trial, the plaintiff would obtain judgment against the defendant for a substantial sum of money apart from any damages or costs, the Court may, if it thinks fit, and without prejudice to any contention of the parties as to the nature or character of the sum to be paid by the defendant, order the defendant to make an interim payment of such amount as it thinks just, after taking into account any set-off, cross-claim or counterclaim on which the defendant may be entitled to rely.
5.Manner of payment. (O. 22A r. 5)
(1) The amount of any interim payment ordered to be made shall be paid to the plaintiff unless the order provides for it to be paid into Court, and where the amount is paid into Court, the Court may, on the application of the plaintiff, order the whole or any part of it to be paid out to him at such time or times as the Court thinks fit.
(2) An application under the preceding paragraph for money in Court to be paid out must be served on the other party.
(3) An interim payment may be ordered to be made in one sum or by such instalments as the Court thinks fit.
(4) Where a payment is ordered in respect of the defendant’s use and occupation of land, the order may provide for periodical payments to be made during the pendency of the action.
6.Directions on application under rule 2. (O. 22A r. 6)
Where an application is made under rule 2, the Court may give direction as to the further conduct of the action, and, so far as may be applicable, Order 25, rules 2 to 8, shall, with the omission of so much of rule 7(1) as requires the parties to serve a notice specifying the orders and directions which they require and with any other necessary modifications, apply as if the application were a summons for directions, and, in particular, the Court may order an early trial of the action.
7.Non-disclosure of interim payment. (O. 22A, r. 7)
The fact that an order has been made under rule 3 or 4 shall not be pleaded and, unless the defendant consents or the Court so directs, no communication of that fact or of the fact that an interim payment has been made, whether voluntarily or pursuant to an order, shall be made to the Court at the trial, or hearing, of any question or issue as to liability or damages until all questions of liability and amount have been determined.
8.Payment into Court in satisfaction. (O. 22A r. 8)
Where, after making an interim payment, whether voluntarily or pursuant to an order, a defendant pays sum of money into Court under Order 22, rule 1, the notice of payment must state that the defendant has taken into account the interim payment.
9.Adjustment on final judgment or order or on discontinuance. (O. 22A r. 9)
Where a defendant has been ordered to make an interim payment or has in fact made an interim payment, whether voluntarily or pursuant to an order, the Court may, in giving or making a final judgment or order, or granting the plaintiff leave to discontinue his action or to withdraw the claim in respect of which the interim payment has been made, or at any other stage of the proceedings on the application of any party, make such order with respect to the interim payment as may be just, and in particular–
(a) an order for the repayment by the plaintiff of all or part of the interim payment, with or without interest; but where interest is ordered, it shall not exceed 5% per annum;
(b) an order for the payment to be varied or discharged; or
(c) an order for the payment by any other defendant of any part of the interim payment which the defendant who made it is entitled to recover from him by way of contribution or indemnity or in respect of any remedy or relief relating to or connected with the plaintiff’s claim.
10.Counterclaims and other proceedings. (O. 22A r. 10)
The preceding rules in this Order shall apply, with the necessary modifications, to any counterclaim or proceeding commenced otherwise than by writ, where one party seeks an order for an interim payment to be made by another.
11.No order against the Government. (O. 22A r. 11)
No order for interim payment shall be made against the Government.
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