LEGAL GUIDE · ENGLAND & WALES
Personal injury claims can take months or years to settle. In the meantime, you may be off work, facing medical bills, requiring paid care, or needing to adapt your home. An interim payment is a payment made to you before your claim finally settles — a payment on account of the compensation you are expected to receive — so that you do not have to wait for the full settlement process to access funds you genuinely need.
This guide explains what interim payments are, when you can get one, how much you can receive, and how the process works.
In plain English: An interim payment is not an advance loan — it is part of your final compensation paid early. Whatever you receive as an interim payment is simply deducted from your total award at the end. You never pay it back.
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An interim payment is a sum of money paid to a claimant by the defendant (or their insurer) before the claim is fully resolved. It is governed by Part 25 of the Civil Procedure Rules (CPR). The payment is made on account of the damages that will ultimately be awarded or agreed — it does not prejudge the final outcome but acknowledges that you are likely to receive at least that amount in the end.
Interim payments can be made voluntarily, by agreement between the parties, or can be ordered by the court on a formal application. Multiple interim payments can be made throughout the life of a claim as your needs change.
Under CPR Part 25, a court can order an interim payment if one of the following conditions is met:
The third condition means that even in disputed cases, an interim payment may be available if the evidence strongly supports your claim and it is clear you will succeed. Your solicitor will advise whether this threshold is likely to be met in your case.
Interim payments are particularly valuable where:
If your injuries have prevented you from working and your sick pay has run out, an interim payment can bridge the gap, covering your loss of earnings while the full valuation of your claim — including future losses — is being calculated.
Private physiotherapy, specialist consultations, surgery, or psychological therapy can be expensive. An interim payment allows you to access rehabilitation without waiting for the claim to settle, which also benefits your recovery and may ultimately reduce the overall value of your claim by accelerating your return to work.
If your injuries mean you need professional care, or if family members have had to give up work to care for you, an interim payment can fund those arrangements. Courts are generally sympathetic to interim payment applications made to support genuine care needs.
Where a serious injury has affected your mobility, interim funds can pay for essential adaptations — wheelchair ramps, stairlifts, adapted bathrooms, or a modified vehicle — so that your quality of life is not on hold while the claim proceeds.
Think you might need an interim payment while your claim is ongoing? Ask NJS Law — we will assess whether you qualify and apply on your behalf. Speak to a solicitor.
There is no fixed maximum, but the court will not order an interim payment of more than a reasonable proportion of the likely final damages. In practice, this usually means the court will consider what the minimum likely award at trial would be — and order something less than that figure to avoid the risk of overpaying.
For example, if your total claim is likely to be worth £150,000 and liability is admitted, the court might order an interim payment of £60,000 to £80,000 — enough to meet your immediate needs while preserving headroom for the final negotiation. Your solicitor will prepare a detailed Schedule of Loss to support the application, demonstrating your actual and projected losses.
Multiple payments: You are not limited to one interim payment. As your needs change — further surgery becomes necessary, your care requirements increase, or you face additional financial losses — your solicitor can return to court or negotiate with the insurer for further interim payments. The total of all interim payments is deducted from your final award at settlement.
Not necessarily. In many cases, particularly where liability has been admitted and the need is clear, a defendant’s insurer will agree to make an interim payment voluntarily, without any court application. This is often quicker and less expensive than a formal application.
If the insurer refuses or offers an inadequate amount, your solicitor can issue a formal application under CPR Part 25. The court will consider the application and, if satisfied that the conditions are met and the amount is reasonable, will make an order.
An interim payment is deducted from your final award at the point of settlement or judgment. It is not additional money — it is part of your compensation paid earlier. It does not affect the total amount you are entitled to, only the timing of when you receive it.
For a guide to how your final compensation is calculated, see: General Damages vs Special Damages — What Is the Difference?.
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An interim payment is a payment on account of your final compensation made before the claim settles. It is governed by CPR Part 25. The amount you receive as an interim payment is simply deducted from your total award at the end — it is not extra money and you do not pay it back.
Yes, in some circumstances. A court can order an interim payment even without an admission of liability if it is satisfied that you would obtain judgment for a substantial sum at trial. This requires strong evidence in support of your claim. Your solicitor will advise whether the threshold is likely to be met in your case and whether it is worth making a formal application.
If the defendant’s insurer agrees voluntarily, payment can be received within a few weeks of the request. If a court application is required, the timeline depends on court availability — typically 4 to 8 weeks from the date the application is issued. Your solicitor will keep the process moving as quickly as possible.
Courts will not order more than a reasonable proportion of the likely final award — typically somewhere between a third and two-thirds of the expected total, depending on the certainty of liability and the strength of the quantum evidence. Your solicitor will prepare a Schedule of Loss to support the application, setting out your actual financial needs.
Yes. There is no limit on the number of interim payments you can receive. As your circumstances change — additional surgery, increased care needs, further lost earnings — your solicitor can negotiate further payments with the insurer or return to court for additional orders. All payments are deducted from the final award.
This article is for general information only and does not constitute legal advice. For advice on your specific circumstances, please contact NJS Law directly.
For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s personal injury claims service page.
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