CIVIL LITIGATION & EVIDENCE

UNIT 16 – MULTIPLE CHOICE QUESTIONS

(ENGAGE TASK 1)
QUESTION 1
Is the following statement true or false?

An interim payment is an amount of money paid, either under a court order or

voluntarily, by a defendant to a claimant, on account of any debt or damages that the
defendant may be ordered to pay to the claimant.

True (CPR 25.1k)

QUESTION 2
Which one of the following statements best describes the rationale for a court
ordering an interim payment?
[A] It reduces the hardship the claimant may suffer by reason of any
significant delay between commencement of proceedings and the
assessment of damages.
[B] It is to impose a sanction on the defendant.
[C] It is to allow the claimant to pay her legal costs.
[D] It is to reward the claimant for following any approved pre-action protocol.

QUESTION 3
In which one or more of the following types of cases will the court not order an interim
payment?
[A] A multi track debt claim
[B] A fast track damages claim
[C] A damages claim on the small claims track
[D] A fast track debt claim

729284000.docx 1
©The University of Law
 [E] A multi track damages claim
[F] A debt claim on the small claims track

CPR 27.2

729284000.docx 2
©The University of Law
QUESTION 4
On which one or more of the following grounds may the court order an interim
payment?
[A] The court may order an interim payment on the ground that 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 the defendant
from whom he is seeking the order.
[B] The court may order an interim payment on the ground that the claimant
has obtained judgment against that defendant for damages to be
assessed or for a sum of money (other than costs) to be assessed.
[C] The court may order an interim payment on the ground that the defendant
is insured in respect of that claim.
[D] The court may order an interim payment on the ground that the defendant
against whom the order is sought has admitted liability to pay damages or
some other sum of money to the claimant.

QUESTION 5
What is the earliest time that an application for an interim payment order can be
made? Choose one of the following statements.
[A] Pre-action.
[B] On issuing the claim form.
[C] As soon as the period for acknowledging service has expired.
[D] On allocation to either the fast track or multi track.

QUESTION 6
Is it true or false that the court will only make an interim payment order if the claimant
can show a need for the payment?

False

729284000.docx 3
©The University of Law
QUESTION 7
Evidence in support of which of the following matters should be given in support of an
application for an interim payment of damages?
[A] The reasons for believing that a ground for an interim payment being
ordered exists.
[B] The sum of money for which final judgment is likely to be given.
[C] Any documents in support of the application. These should be exhibited to
the witness statement.
[D] The amount of the interim payment sought.

25PD2

QUESTION 8
Which one of the following statements best describes how the court should
determine the amount of an interim payment?
[A] The court will order any reasonable amount that meets the claimant's
immediate needs.
[B] The court will order an interim payment of no more than a reasonable
proportion of the likely amount of the final judgment.
[C] The court will order any reasonable amount that meets the claimant's
immediate needs but reduced by the amount of any counterclaim.
[D] The court will order an interim payment that represents the maximum
realistic amount of the final judgment, ignoring any contributory negligence
or counterclaim.

QUESTION 9
Is it true or false that at trial, as a general rule, a barrister may mention in her opening
speech the fact that an interim payment has already been made under an earlier
court order?

Nope. 25.9

729284000.docx 4
©The University of Law
QUESTION 10
Which one of the following statements is correct?
[A] A Claimant may not discontinue his claim if he has received an interim
payment in relation to that claim.
[B] Where the Claimant has received an interim payment in relation to a claim
he may only discontinue that claim only if the defendant consents and the
court gives permission.
[C] Where the Claimant has received an interim payment in relation to a claim
he may only discontinue that claim with the permission of the court.
[D] Where the Claimant has received an interim payment in relation to a claim
he may discontinue that claim only if the defendant who made the interim
payment consents in writing or the court gives permission.

CPR 28.2(b)

729284000.docx 5
©The University of Law