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43.8.—(1) This Part applies to an action of damages for personal injuries or the death of a person from personal injuries.
(2) In this Part—
“defender” includes a third party against whom the pursuer has a conclusion for damages;
“personal injuries” includes any disease or impairment of a physical or mental condition.
Commencement Information
I1Sch. 2 rule 43.8 in force at 5.9.1994, see para. 1(1)
43.9.—(1) In an action to which this Part applies, a pursuer may, at any time after defences have been lodged, apply by motion for an order for interim payment of damages to him by the defender or, where there are two or more of them, by any one or more of them.
(2) The pursuer shall give written intimation of a motion under paragraph (1) to every other party not less than 14 days before the date on which the motion is enrolled.
(3) On a motion under paragraph (1), the court may, if satisfied that–
(a)the defender has admitted liability to the pursuer in the action, or
(b)if the action proceeded to proof, the pursuer would succeed in the action on the question of liability without any substantial finding of contributory negligence on his part, or on the part of any person in respect of whose injury or death the claim of the pursuer arises, and would obtain decree for damages against any defender,
ordain that defender to make an interim payment to the pursuer of such amount as it thinks fit, not exceeding a reasonable proportion of the damages which, in the opinion of the court, are likely to be recovered by the pursuer.
(4) Any such payment may be ordered to be made in one lump sum or otherwise as the court thinks fit.
(5) No order shall be made against a defender under this rule unless it appears to the court that the defender is–
(a)a person who is insured in respect of the claim of the pursuer;
(b)a public authority; or
(c)a person whose means and resources are such as to enable him to make the interim payment.
(6) Notwithstanding the grant or refusal of a motion for an interim payment, a subsequent motion may be made where there has a been a change of circumstances.
(7) Subject to Part IV (management of money payable to children), any interim payment shall be made to the pursuer unless the court otherwise directs.
(8) This rule shall, with the necessary modifications, apply to a counterclaim for damages for personal injuries made by a defender as it applies to an action in which the pursuer may apply for an order for interim payment of damages.
Commencement Information
I2Sch. 2 rule 43.9 in force at 5.9.1994, see para. 1(1)
43.10. Where a defender has made an interim payment ordered under rule 43.9(3), the court may make such order, when final decree is pronounced, with respect to the interim payment as it thinks fit to give effect to the final liability of that defender to the pursuer; and in particular may order–
(a)repayment by the pursuer of any sum by which the interim payment exceeds the amount which that defender is liable to pay the pursuer; or
(b)payment by any other defender or a third party of any part of the interim payment which the defender who made it is entitled to recover from him by way of contribution or indemnity or in respect of any remedy or relief relating to, or connected with, the claim of the pursuer.
Commencement Information
I3Sch. 2 rule 43.10 in force at 5.9.1994, see para. 1(1)
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