NEW RULES COMING INTO FORCE ON THE 1ST OCTOBER 1: VOLUNTARY INTERIM PAYMENTS TO CHILDREN AND PROTECTED PARTIES

There is a new batch of rules coming into force on the 1st October 2021, introduced by The Civil Procedure (Amendment No. 4) Rules 2021. Here we look at the rules relating to interim payments.

 

WHAT THE CHANGES DO

The amendments are set out below.  The key points are that:

  • It is made clear that applications for approval of voluntary interim payments in cases involving children or protected parties should be made under Part 8.
  • The Court can take the step of ordering payment of costs to the child’s litigation friend in a case where detailed assessment of costs has been dispensed with.

WEBINAR ON INTERIM PAYMENTS: 30th SEPTEMBER 2021

On the 30th September I am presenting a webinar on Interim Payments for Damages and Costs. This looks at the law, practice and procedure in relation to interim payment applications. It deals with interim payments for damages and payments on account of costs. Booking details are available here.

 

THE RULE: AMENDMENT OF PART 21

 

4.—(1) In rule 21.10(2)—
(a) in sub-paragraph (a), for “the settlement of the claim” substitute “a settlement or compromise or a payment (including any voluntary interim payment) which relates to the claim”; and
(b) in sub-paragraph (b)—
(i) for “compromise of the claim” substitute “compromise or a payment (including any voluntary interim payment) which relates to the claim”; and
(ii) at the end of paragraph (ii), insert “or payment (including any voluntary interim
payment)”.
(2) In rule 21.12(1A)—
(a) at the end of sub-paragraph (a), delete “or”;
(b) at the end of sub-paragraph (b), for the full stop substitute “; or”; and
(c) after sub-paragraph (b) insert—
“(c) costs incurred where a detailed assessment of costs has been dispensed with under rule 46.4(3) in the circumstances set out in Practice Direction 46.”.