Janna Purdie considers courts’ powers to order judgment debts to be paid by instalments
Key Points
Generally judgment debts must be paid within 14 days of the date of the judgment and interim instalments may be ordered by the court if there is a realistic prospect of payments being achieved through the use of interim payments.
In the current economic climate it is increasingly likely that losing parties in litigation will be unable to afford to pay the whole of the judgment debt within the time frame provided for by the CPR. The question that practitioners may well need to be in a position to answer is whether they can apply to the court for an order that the judgment debt can be paid in instalments. This issue was considered recently by Mr Justice Akenhead in Amsalem.
Facts of the case
Akenhead J gave judgment for the claimant together with interests and costs. An interim payment of costs on account was ordered. The defendants therefore, under the provisions of CPR 40.11, had to pay about £300,000 within 14 days. The defendants asked that the
