On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 01/05/2013.
11.
—(1) If, on the hearing of an application under Rule 10 in an action for damages, the Court is satisfied —
(a)
that the defendant against whom the order is sought has admitted liability for the plaintiff’s damages;
(b)
that the plaintiff has obtained judgment against the defendant for damages to be assessed; or
(c)
that, if the action proceeded to trial, the plaintiff would obtain judgment for substantial damages against the defendant or, where there are 2 or more defendants, against any one or more of them,
the Court may, if it thinks fit and subject to paragraph (2), order the defendant to make an interim payment of such amount as it thinks just, not exceeding a reasonable proportion of the damages which in the opinion of the Court are likely to be recovered by the plaintiff after taking into account any relevant contributory negligence and any set-off, cross-claim or counterclaim on which the defendant may be entitled to rely.
(2) No order shall be made under paragraph (1) in an action for personal injuries if it appears to the Court that the defendant is not a person falling within one of the following categories:
(a)
a person who is insured in respect of the plaintiff’s claim; or
(b)
a person whose means and resources are such as to enable him to make the interim payment.