CPR Part 25 provides that interim payments may be
awarded where the claimant can show that he has obtained judgment
or would, at trial, obtain judgment for a substantial amount of
money against an insured defendant or public body. The rules
provide that the court must not order an interim payment of more
than a reasonable proportion of the likely amount of the final
judgment.
In Eeles v Cobham Hire Services Ltd CA 13/3/09, the
question arose whether an interim payment should be a reasonable
proportion of the overall lump sum value of the claim or,
alternatively, of only the capital sum that the claimant is likely
to be awarded by the trial judge. The court determined that,
"In a case in which a periodical payments order is made,
the amount of the final judgment is the actual capital sum awarded.
It does not include the notional capitalised value of the
periodical payments order, which sum is irrelevant for the purposes
of determining an interim payment in a case of
