Question 1 of 10

Six months ago you successfully represented Jaswinder Sidhu in a contested application for an interim payment relating to a personal injury claim against her employers Wallis & Co, the defendant. The claim is valued by the claimant at approximately £80,000 and the interim payment ordered was £25,000. After the order was made, the defendant admitted liability in writing. Quantum is the only matter remaining in issue. The defendant asserts that the value of the claim is no more than £50,000. Jaswinder is now in serious financial difficulty as the interim payment has been used up with costs of care, living expenses and mortgage arrears. She needs a further £10,000 to cover income needs until trial, which is fixed for five months' time. Which of the following statements would be the BEST ADVICE to give the Claimant’s solicitors as to what step(s) to take in order to seek an additional interim payment?

A. Write to the defendant requesting an additional interim payment be made on a voluntary basis, giving them a reasonable period to respond. If this request is refused, issue an application for a further interim payment on the ground that the Defendant has made an admission of liability. B. Immediately issue and file an application for a further interim payment on the ground that the Defendant has made an admission of liability and serve it on the defendant together with evidence in support at least 14 days before the date fixed for the hearing of the application. C. Appeal the original interim payment order on the basis that the payment ordered was inadequate and should be increased by £10,000. D. Write to the Defendant requesting a further interim payment be made on a voluntary basis, as it is not possible to make more than one application for an interim payment .