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interim payments – when to pay and when to resist

10 September 2014

In the case of MS v Walsall MBC MS was unsuccessful in obtaining an interim payment despite the admission of a breach of duty.

The claimant alleged to have suffered an injury due to a defect on a public highway. Requests were made for interim payments for future physiotherapy, private treatment costs, past care and assistance and loss of holiday.

The application was successfully defended on the basis that;

  • the claimant had to prove the incident occurred as alleged
  • there were outstanding causation issues, which had not been resolved and it was inappropriate to resolve these issues at an interim application.

The defendant was awarded their costs in full. Even where a breach is admitted it is not always appropriate to concede to interim payments. The public authority in this matter were delighted that they did not have pay a substantial part of the claim before the claimant had proved causation.

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