Interim payment

Money paid on account before your claim is finally decided — useful where you clearly have a case, but the exact final figure still needs to be worked out.

Can I get an interim payment if the defendant denies owing me anything?

It is much harder. The court needs to be satisfied that you would obtain a substantial judgment at trial, which is difficult to establish where liability itself is genuinely in dispute rather than just the amount.

Is an interim payment the same as a settlement?

No. An interim payment is a court-ordered payment on account within an ongoing claim — the case continues and the final amount is still to be decided. A settlement ends the claim entirely on agreed terms.

What if I am ordered to repay part of an interim payment?

If the final judgment is for less than the interim payment already made, the excess is generally repayable to the defendant, sometimes with interest, depending on what the court orders.

Do I need a solicitor to apply for an interim payment?

No, litigants in person can make the application themselves using the standard court forms and procedure, though you will need to put together clear evidence to support the request.

Is interim payment available in every type of claim?

The Civil Procedure Rules set out the specific conditions under which one can be ordered, and courts apply these conditions in most types of money claim, though it comes up more often in claims where liability is admitted or already decided.

Small Claims · Glossary

Money paid on account before your claim is finally decided — useful where you clearly have a case, but the exact final figure still needs to be worked out.

Last reviewed: August 2026

is a payment a defendant is ordered to make to a claimant before the final resolution of a claim, on account of the damages, debt or other sum the court is likely to eventually award.

Where this comes from

Civil Procedure Rules, Part 25

— the court's power to order an interim payment and the conditions that must be met.

Make a court claim for money

— gov.uk overview of the county court claims process, including interim applications.

When a court will order one

An interim payment is not available simply because a claimant needs the money urgently. The court can only order one where a specific condition is met: the defendant has admitted liability, the claimant has already obtained judgment for an amount to be assessed later, or the court is satisfied that if the case went to trial the claimant would obtain a substantial money judgment against the defendant.

In a small claims context, this most often comes up where liability is not really in dispute — for example, a defendant accepts they owe money but disputes the exact amount, or a claim has been won on liability but the final figure still needs to be assessed. The order is discretionary: even where the legal test is met, the court still decides whether it is appropriate to order a payment now, and how much.

How the process works

• The claimant applies.
• An application is made to the court, usually using an application notice, explaining why an interim payment condition is met and how much is being asked for.
• Evidence is provided.
• The claimant needs to show the basis for the figure requested — for example, an admission of liability, evidence supporting the likely final award, or an existing judgment on liability.
• The defendant can respond.
• The defendant can dispute that the conditions are met, or argue the amount requested is too high given the uncertainty still remaining in the case.
• The court decides an amount, if any.
• If satisfied, the court orders a sum, usually a reasonable proportion of the likely final award, to reflect the fact the exact final figure is not yet known.

How it works in practice

A claimant sues for £8,000 for unpaid work. The defendant admits they owe money for the work done but disputes some of the specific invoices, meaning the final figure will need to be assessed at a hearing. Because liability is admitted, the claimant applies for an interim payment.

The court is satisfied the claimant will recover a substantial sum regardless of how the disputed invoices are resolved, and orders the defendant to pay £4,500 now, on account of whatever the final judgment turns out to be.

If the final judgment is later assessed at £6,200, the £4,500 already paid is deducted, leaving £1,700 outstanding. If the final judgment turned out to be less than £4,500, the claimant would have to repay the difference.

• Applying where liability is genuinely disputed.
• An interim payment is much harder to obtain where the defendant is contesting whether they owe anything at all, rather than just the amount.
• Assuming the interim figure is final.
• An interim payment is provisional. The final judgment could be higher or lower, and any overpayment generally has to be repaid.
• Underestimating the evidence needed.
• A court will not order a payment simply because a claimant asserts they are likely to win — it needs to be satisfied of that on the evidence available at the time of the application.
• Not considering the cost of the application itself.
• Making a formal application takes time and, on some tracks, can carry its own costs risk, so it is worth weighing whether it is proportionate for the sum involved.

A hearing where interim applications, including interim payments, are often dealt with.

The final decision an interim payment is made on account of.

Frequently asked questions

Sources & further reading

• Civil Procedure Rules, Part 25 — interim remedies
• Make a court claim for money

Owed money and the amount still needs working out?

Start My Claim helps you build your claim and understand what applications, like an interim payment, might be available to you.

Last reviewed: August 2026.

References checked against the sources above as in force on 10 August 2026.

This page is explanatory only and is not legal advice. Start My Claim is self-service software, not a law firm — its tools help you build and run your own case.