ABSTRACT
Although not nearly as expensive as a trial, an interim application can be a costly procedure for both the party bringing it and the party defending it. The civil justice reforms carefully considered this issue and have explicitly incorporated cost consciousness into the new ethos. As a result, before bringing an application, lawyers need to justify the expense to the client and be prepared to justify it to the court. The case study in this chapter illustrates a lawyer's efforts in doing this. While the lawyer has no difficulty justifying the application to his client, he faces a challenge when he tries to justify it to the court. The application is one for interim payment and the amount requested is small compared to the cost of bringing it. The applicant's lawyer devises a strategy to persuade the court that his application is designed not to increase costs unnecessarily, but to promote negotiation and settlement.
