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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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COST BITES 141: INTEREST ON COSTS: PREJUDGMENT INTEREST ALLOWED; POST JUDGMENT INTEREST DEFERRED FOR A PERIOD

COST BITES 141: INTEREST ON COSTS: PREJUDGMENT INTEREST ALLOWED; POST JUDGMENT INTEREST DEFERRED FOR A PERIOD

April 4, 2024 · by gexall · in Costs, Interest, Members Content

In Asturion Foundation v Alibrahim [2024] EWHC 757 (Ch) Mr Justice Adam Johnson made two decisions in relation to interest on costs. He awarded pre-judgment interest on costs at 2% above base rate (it was calculated that the interest amounted…

COST BITES 11: INTEREST ON COSTS: JUDGE FINDS IT APPROPRIATE TO BACKDATE INTEREST

July 27, 2022 · by gexall · in Costs, Interest, Members Content

In Vitol SA v Genser Energy Ghana Ltd [2022] EWHC 1955 (Comm) Ms Lesley Anderson QC (sitting as a Deputy High Court Judge) considered whether interest should be payable on costs from a date before judgment. She held that interest…

PROVING THINGS 226: RECOVERING INTEREST ON DISBURSEMENT LOANS: THE NEED FOR EVIDENCE

PROVING THINGS 226: RECOVERING INTEREST ON DISBURSEMENT LOANS: THE NEED FOR EVIDENCE

February 22, 2022 · by gexall · in Assessment of Costs, Costs, Members Content

I am grateful to barrister  James Miller for sending me a copy of the decision of District Judge Corkhill in the case of Gill -v- Barnsley Canister Company Ltd, a copy of which is available here  Gill v Barnsley Canister…

WHEN SHOULD INTEREST ON COSTS RUN FROM?  A DECISION THAT DOESN'T GO ALL AROUND THE GARDEN...

WHEN SHOULD INTEREST ON COSTS RUN FROM? A DECISION THAT DOESN’T GO ALL AROUND THE GARDEN…

July 13, 2020 · by gexall · in Assessment of Costs, Costs, Interest, Members Content

We looked at the decision of Senior Costs Judge Gordon-Saker in  Marbrow v Sharpes Garden Services Ltd [2020] EWHC B26 (Costs) last week in relation to the question of whether the costs budgeting caps were inclusive or exclusive of VAT.  There…

INTEREST ON DAMAGES AFTER FAILING TO BEAT A CLAIMANT'S PART 36 OFFER: THE AIM IS TO ENCOURAGE GOOD PRACTICE AND NOT SIMPLY TO COMPENSATE

INTEREST ON DAMAGES AFTER FAILING TO BEAT A CLAIMANT’S PART 36 OFFER: THE AIM IS TO ENCOURAGE GOOD PRACTICE AND NOT SIMPLY TO COMPENSATE

March 28, 2017 · by gexall · in Appeals, Costs, Damages, Members Content, Part 36

In Ovm Petrom SA -v- Glencore International SA [2017] EWCA Civ 195 the Court of Appeal overturned a decision not to award 10% interest on damages in a case where a defendant failed to beat a claimant’s Part 36 offer….

WHEN DOES INTEREST BEGIN TO RUN ON COSTS? AN IMPORTANT DECISION

October 9, 2015 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Members Content, Uncategorized

In Involnert Management Inc -v- Aprilgrange Limited [2015] EWHC 2834 (Comm) Mr Justice Legatt addressed the issues of when interest runs on costs. The problem arose because interest under the Judgments Act 1838 carries interest at 8%. Interest on costs…

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