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17.1 (1) The court may grant interim remedies including -

(a) an interim injunction

(b) an interim declaration

(c) an order

(i) for the detention, custody or preservation of relevant property

(ii) for the inspection of relevant property

(iii) for the taking of a sample of relevant property

(iv) for the carrying out of an experiment on or with relevant property

(v) for the sale of relevant property (including land) which is of a perishable nature or which for any other good reason it is desirable to sell quickly; and

(vi) for the payment of income from a relevant property until a claim is decided;

(d) an order authorising a person to enter any land or building in the possession of a party to the proceedings for the purposes of carrying out an order under sub-paragraph (c)

(e) an order to deliver up goods

(f) an order (referred to as a 'freezing injunction') -

(i) restraining a party from removing from the jurisdiction assets located there; or

(ii) restraining a party from dealing with any assets whether located within the jurisdiction or not;

(g) an order (referred to as a 'search order') requiring a party to admit another party to premises for the purpose of preserving evidence etc.;

(h) [an order for disclosure of documents or inspection of property before a claim is made; ? jurisdiction]

(i) [an order for disclosure of documents or inspection of property against a non-party; ? jurisdiction]

(j) an order ( referred to as an order for interim payment) under rule 17.5 for payment by a defendant on account of any damages debt or other sum which the Court may find the defendant liable to pay.

(k) an order for interim costs;

(l) an order for a specified fund to be paid into court or otherwise secured where there is a dispute over a party's right to the fund;

(m) an order permitting a party seeking to recover personal property to pay money into court pending the outcome of the proceedings and directing that, if he does so, the property shall be given up to him;

(o) an order directing a party to prepare and file accounts relating to the dispute;

(p) an order directing a party to provide information about the location of relevant property or to provide information about assets which are or may be the subject of an application for a freezing injunction.

(2) In paragraph (1)(c) and (p), 'relevant property' means property which is the subject of a claim or as to which any question may arise on a claim.

(3) The fact that a particular type of interim remedy is not listed in paragraph (1) does not affect any power that the court may have to grant that remedy.

(4) The court may grant an interim remedy whether or not there has been a claim for a final remedy of that kind.

17.2 (1) An order for an interim remedy may be made at any time, including -

(a) Before a claim has been made; and

(b) After judgment has been given.

(2) However -

(a) paragraph (1) is subject to any rule which provides otherwise; and

(b) the court may grant an interim remedy before a claim has been made only if -

(i) the matter is urgent; or

(ii) it is otherwise necessary to do so in the interests of justice;

(c) unless the court otherwise orders, a defendant may not apply for any of the orders listed in rule 17.1(2) before he has entered an appearance under Part 9

(3) Where the court grants an interim remedy before a claim has been commenced, it must require an undertaking to issue a claim [except where the order is made under rule 17.1(1)(h)].

17.3 (1) The court may grant an interim remedy on an application made without notice if it appears to the court that there isgood reason for not giving notice.

(2) An application for an interim remedy must be supported by evidence.

(3) If the applicant makes an application without giving notice, the evidence in support of the application must state the reason or reasons why notice was not given.

(4) If no claim has been issued the application must be made in accordance with the general rules about applications contained in Part 11.

17.4 (1) This rule applies where a person makes an application for inspection of a property before issue of a claim or against a non-party.

(2) The evidence in support of such an application must show, if practicable, by reference to any statement of case prepared in relation to the proceedings or anticipated proceedings, that the property -

(a) is or may become the subject matter of such proceedings; or

(b) is relevant to the issues that will arise in relation to such proceedings.

(3) Notice of the application and a copy of the evidence in support must be served on -

(a) The person against whom the order is sought; and

(b) every party to the proceedings other than the applicant.]

17.5 (1) The claimant may not apply for an order for an interim payment before the end of the period for entering an appearance applicable to the defendant against whom the application is made.

(Rule 9.2 sets out the period for entering a appearance)

(2) The claimant may make more than one application for an order for an interim payment even though an earlier application has been refused.

(3) Notice of an application for an order must -

(a) be served at least 14 days before the hearing of the application; and

(b) must be supported by evidence.

(4) The evidence must -

(a) state the claimant's assessment of the amount of damages or other monetary judgment that are likely to be awarded; and

(b) set out the grounds of the application; and

(c) exhibit any documentary evidence relied on by the claimant in support of the application; and

(d) if the claim is made under the Compensation for Injuries Act, Chap. 8.05 in respect of injury resulting in death, contain full particulars of the person or persons for whom and on whose behalf the action is brought and the nature of the claim in respect of which the damages are sought to be recovered.

(5) If the respondent to an application for an interim payment wishes to rely on evidence or the claimant wishes to rely on evidence in reply, that party must -

(a) file the evidence; and

(b) serve copies on every other party to the application, at least 7 days before the hearing of the application.

(6) The court may order an interim payment to be made in one sum or by installments.

17.6 (1) The court may make an order for an interim payment only if -

(a) the defendant against whom the order is sought has admitted liability to pay damages or some other sum of money to the claimant; or

(b) the claimant has obtained an order for an account to be taken as between himself and the defendant and for any amount certified due on taking the account to be paid; or

(c) the claimant has obtained judgment against that defendant for damages to be assessed or for a sum of money (including costs) to be assessed; or

(d) except where paragraph (3) applies, it is satisfied that, if the claim went to trial, the claimant would obtain judgment against the defendant from whom he is seeking an order for interim payment for a substantial amount of money or for costs; or

(e) the following conditions are satisfied -

(i) the claimant is seeking an order for possession of land (whether or not any other order is also being sought); and

(ii) the court is satisfied that, if the case went to trial, the defendant would be held liable (even if the claim for possession fails) to pay the claimant a sum of money for rent or for the defendant's use and occupation of the land while the claim for possession was pending.

(2) In addition, in a claim for personal injuries the court may make an order for the interim payment of damages only if -

(a) the defendant is insured in respect of the claim; or

(b) the defendant is a public body; or

(c) a person whose means and resources are such as to enable him to make the interim payment.

(3) In a claim for damages for personal injuries where there are two or more defendants, the court may make an order for the interim payment of damages against any defendant if -

(a) it is satisfied that, if the claim went to trial, the claimant would obtain judgment for substantial damages against at least one of the defendants (even if the court has not yet determined which of them is liable); and

(b) Paragraph (2) is satisfied in relation to each of the defendants.

(4) The court must not order an interim payment of more than a reasonable proportion of the likely amount of the final judgment

(5) The court must take into account -

(a) contributory negligence; and

(b) any relevant set-off or counterclaim.

(6) The fact that an order has been made under this Part must not be disclosed to the Court until all questions of liability and amount have been determined.

17.7 (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; or

(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 17.6.

(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 any party made at any time

(5) Where -

(a) a defendant has made an interim payment; and

(b) the amount of the payment is more than his total liability under the final; judgment or order, the court may award him interest on the overpaid amount from the time when he made the interim payment.

17.8 On hearing any application under this Part, the court may exercise any of its case management powers under Parts 26 and 27 and may in particular give directions for an early trial of the claim or any part of the claim.