The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

Application for interim payment

21.—(1) Subject to paragraph (2), an application for an order under rule 20 may be made—

(a)in an action begun by writ, by summons issued at any time after a defence has been served or after the time for serving a defence has expired;

(b)in an action begun by originating summons, in the originating summons or by summons returnable on or after the first hearing of the originating summons.

(2) A plaintiff who applies for summary judgment under Order 14, rule 2, may include in his summons an application for an order under rule 20 in the event of the defendant's being given leave to defend.

(3) An application for an order under rule 20 shall be supported by an affidavit, which must—

(i)verify the material facts on which the application is based;

(ii)state first the amount, expressed as a sum of money or a periodic payment, which, (if a final judgment or order were made or given in favour of the plaintiff), the defendant would, in the belief of the deponent, be held liable to pay in respect of his use and occupation of the land during the pendency of the action, and, secondly, whether the liability arises by virtue of a lease or tenancy agreement or otherwise;

(iii)state that, in the belief of the deponent, even if a final judgment or order were given or made in favour of the defendant, he would still be under an obligation to pay the plaintiff for use and occupation of the land during the pendency of the action;

(iv)state the amount claimed and how it is calculated.

(4) The summons and a copy of the affidavit in support must be served on the defendant against whom the order is sought not less than 4 clear days (or, if the order is sought in a summons for summary judgment under Order 14, 10 clear days) before the return day.

(5) Notwithstanding the making or refusal of an order for interim payment, a second or subsequent application may be made upon cause shown.

(6) An order for an interim payment may, on the application of a party to the action, be varied or discharged by the Court.