--(1) Where a defendant has been ordered to make an interim payment, or has in fact voluntarily made an interim payment, the court may make an order to adjust the interim payment.
--(2) The court may in particular-
----(a) order all or part of the interim payment to be repaid;
----(b) vary or discharge the order for interim payment; or
----(c) order a defendant to reimburse, either in whole or in part, another defendant who has made an interim payment.
--(3) The court may make an order under paragraph (2)(c) only if-
----(a) the defendant to be reimbursed made the interim payment in relation to a claim in respect of which he has made a claim against the other defendant for a contribution, indemnity, or other remedy; and
----(b) where the claim or the part to which the interim payment relates has been discontinued or disposed of, the circumstances are such that the court could make an order for interim payment under rule 17.5.
--(4) The court may make an order under this rule-
----(a) without an application by a party if it makes the order when it disposes of the claim or any part of it; or
----(b) on an application by a party made at any time.
Notes
Amended by Legal Notice 233 of 2005.