Interim Payment

Harmon Cfem Façade (UK) Ltd (In Voluntary Liquidation) v Corporate Officer of the House of Commons (TLR 15 November QBD)

The impecuniosity of a claimant company did not disentitle it from recovering an interim payment under a judgment on liability, even though the claimant might be unable to repay any overpaid amount if the damages assessed proved to be less than the amount of the interim payment. However, in assessing the amount of the interim payment the court would not only order a sum probably lower than the amount of the damages eventually awarded it should also have regard to the claimant’s possible inability to repay any excess amount.