73. Interim payments

(1) The claimant may not apply for an interim payment before the end of the period for filing and serving the acknowledgment of service applicable to the defendant against whom the application is made.
(2) The claimant may make more than one application for an order for an interim payment.
(3) The Court may order an interim payment in one sum or in instalments.
(4) The Court may only make an order for an interim payment where any of the following conditions are satisfied —
(a) the defendant against whom the order is sought has admitted liability to pay damages or some other sum of money to the claimant;
(b) the claimant has obtained judgment against the defendant for damages to be assessed or for a sum of money (other than costs) to be assessed;
(c) if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against the defendant from whom he is seeking an order for an interim payment;
(d) the claimant is seeking an order for possession of real property (whether or not any other order is also sought) and the defendant would be held liable if the case went to trial (even if the claim for possession fails) to pay the claimant a sum of money for the defendant's occupation and use of the real property while the claim for possession was pending; or
(e) in a claim in which there are two or more defendants and the order is sought against any one or more of those defendants —
(i) the claimant would, if the claim went to trial, obtain judgment for a substantial amount of money (other than costs) against at least one of the defendants (but the Court cannot determine which); and
(ii) all the defendants are either a defendant that is insured in respect of the claim or a defendant that is a public authority.
(5) In paragraph (4)(e)(ii), a "public authority" means ADGM or Emirate public or statutory undertaking, any ADGM Authority, any government department and any government department and any person holding office under His Highness, including the Board.
(6) The Court must not order an interim payment of more than a reasonable proportion of the likely amount of the final judgment and must take into account contributory negligence and any relevant set-off or counterclaim.
Amended on February 25, 2019