header-logo header-logo

15 January 2009 / Janna Purdie
Issue: 7352 / Categories: Features , Procedure & practice , LexisPSL
printer mail-detail

Judgment debts

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll