The validity of an interim payment application

In 1st Formations Ltd v Lapp Industries Ltd [2025] EWHC 1526 (TCC) Mr Adrian Williamson KC, sitting as a Deputy Judge of the High Court, held that the claimant was not entitled to a declaration that an interim application for payment issued by the defendant was invalid. The interim payment application was challenged on the ground that the sum claimed was less than the sum that was stated to be due, the claim for payment was "on account", the dates given in the notice were incorrect and the sums claimed were "provisional" and subject to possible adjustment. These grounds of challenge were dismissed on the basis that it was clear from the application that the defendant was making an application for payment of the sum claimed and the facts that the sum applied for was less than the sum for which a claim could be made and that the sum was stated to be "on account" were not of themselves sufficient to deny validity to the payment application.