| (1) |
In an action for damages for personal injuries or the death of a person, the plaintiff may, at any time after the expiry of the period for the delivery of the notice of intention to defend, apply to the court for an order requiring the defendant to make an interim payment in respect of his or her claim for medical costs and loss of income arising from his or her physical disability or the death of a person. |
| (2) |
Subject to rule 55 the affidavit in support of the application provided for in subrule (1) shall contain the amount of damages claimed and the grounds for the application, and all documentary proof or certified copies thereof on which the applicant relies shall accompany the affidavit. |
| (3) |
Notwithstanding the grant or refusal of an application for an interim payment, further such applications may be brought on good cause shown. |
| (4) |
If at the hearing of an application for interim payment, the court is satisfied that— |
| (a) |
the defendant against whom the order is sought has in writing admitted liability for the plaintiff’s damages; or |
| (b) |
the plaintiff has obtained judgment against the respondent for damages to be determined, |
the court may, if it deems fit but subject to subrule (5), order the respondent to make an interim payment of such amount as it deems fit, which amount shall not exceed a reasonable proportion of the damages which in the opinion of the court are likely to be recovered by the plaintiff taking into account any contributory negligence, set off or counterclaim.
| (5) |
No order shall be made under subrule (4) unless it appears to the court that the defendant is insured in respect of the plaintiff's claim or that he or she has the means at his or her disposal to enable him or her to make such a payment. |
| (6) |
The amount of any interim payment ordered shall be paid in full to the plaintiff unless the court otherwise orders. |
| (7) |
Where an application has been made under subrule (1), the court may prescribe the procedure for the further conduct of the action and in particular may order the early trial thereof. |
| (8) |
The fact that an order has been made under subrule (4) shall not be pleaded and no disclosure of that fact shall be made to the court at the trial or at the hearing of questions or issues as to the amount of damages until such questions or issues have been determined. |
| (9) |
In an action where an interim payment or an order for an interim payment has been made, the action shall not be discontinued or the claim withdrawn without the consent of the court. |
| (10) |
If an order for an interim payment has been made or such payment has been made, the court may, in making a final order, or when granting the plaintiff leave to discontinue his or her action or withdraw the claim under subrule (9) or at any stage of the proceedings on the application of any party, make an order with respect to the interim payment which the court may consider just and the court may in particular order that— |
| (a) |
the plaintiff repays all or part of the interim payment; |
| (b) |
the payment be varied or discharged; or |
| (c) |
a payment be made by any other defendant in respect of any part of the interim payment which the defendant, who made it, is entitled to recover by way of contribution or indemnity or in respect of any remedy or relief relating to the plaintiff's claim. |
| (11) |
The provisions of this rule shall apply mutatis mutandis to any claim in reconvention. |
Civil Aviation Act, 2009
