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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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INTEREST ON COSTS: WHAT IS THE APPROPRIATE RATE TO BE PAID IN A CLAIM RELATING TO AN ESTATE

INTEREST ON COSTS: WHAT IS THE APPROPRIATE RATE TO BE PAID IN A CLAIM RELATING TO AN ESTATE

April 14, 2022 · by gexall · in Civil Procedure, Interest

In Almond v Goff & Ors [2021] EWHC 1703 (Ch) Ms Clare Ambrose, sitting as a High Court judge, considered the appropriate rate of interest on costs in a claim concerning an estate.  She rejected the argument that interest ran…

PART 36: OFFERS MUST BE CONSIDERED EVEN THOUGH ALL THE PIECES OF THE JIGSAW ARE NOT IN PLACE: CONSEQUENCES ARE IMPOSED ON THE ACTUAL AMOUNT AWARDED NOT THE SUM THAT THE MAKER WOULD HAVE SETTLED FOR

PART 36: OFFERS MUST BE CONSIDERED EVEN THOUGH ALL THE PIECES OF THE JIGSAW ARE NOT IN PLACE: CONSEQUENCES ARE IMPOSED ON THE ACTUAL AMOUNT AWARDED NOT THE SUM THAT THE MAKER WOULD HAVE SETTLED FOR

October 19, 2021 · by gexall · in Costs, Interest, Part 36

I am grateful to Professor Dominic Regan for drawing my attention to the judgment of Mr Justice Kerr today in Equitix Eeef Biomass 2 Ltd v Fox & Ors [2021] EWHC 2781 (TCC).  The judge rejected the notion that the…

AN INTERESTING CASE IN THE COURT OF APPEAL: NO INTEREST AWARDED ON DAMAGES FOR MALICIOUS PROSECUTION AND FALSE IMPRISONMENT

AN INTERESTING CASE IN THE COURT OF APPEAL: NO INTEREST AWARDED ON DAMAGES FOR MALICIOUS PROSECUTION AND FALSE IMPRISONMENT

January 21, 2021 · by gexall · in Appeals, Damages, Interest

In Rees v Commissioner of Police of the Metropolis [2021] EWCA Civ 49 the Court of Appeal upheld a decision not to award interest on damages for damages for malicious prosecution and misfeasance in public office. THE CASE The claimant…

NO INTEREST ON COSTS OF LOAN IN A PERSONAL INJURY CASE: THERE IS A POWER BUT THE COURT DID NOT EXERCISE ITS DISCRETION

NO INTEREST ON COSTS OF LOAN IN A PERSONAL INJURY CASE: THERE IS A POWER BUT THE COURT DID NOT EXERCISE ITS DISCRETION

December 22, 2020 · by gexall · in Assessment of Costs, Costs, Interest

I am grateful to Paul Wainwright for sending me a copy of the judgment of District Judge Baldwin in Godfrey -v- Automotive Products Limited (17th December 2020). This decision, by the regional costs judge, considers whether a claimant in a…

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

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…

CORRECT INTEREST RATE ON COSTS WHEN CLAIMANT BEATS THEIR OWN PART 36 OFFER: TRIAL JUDGE WAS ENTITLED TO AWARD 10% OVER BASE

CORRECT INTEREST RATE ON COSTS WHEN CLAIMANT BEATS THEIR OWN PART 36 OFFER: TRIAL JUDGE WAS ENTITLED TO AWARD 10% OVER BASE

December 12, 2019 · by gexall · in Appeals, Interest, Part 36

There are several  interesting aspects of the judgment of Mr Justice Saini in Essex County Council & Ors v Davies & Ors [2019] EWHC 3443. Here I want to look at the part of the judgment that deals with the…

PART 36: WHEN A CLAIMANT BEATS THEIR OWN PART 36 OFFER: NO INTEREST ON THE ADDITIONAL £75,000

PART 36: WHEN A CLAIMANT BEATS THEIR OWN PART 36 OFFER: NO INTEREST ON THE ADDITIONAL £75,000

May 23, 2019 · by gexall · in Interest, Part 36

In FZO v Adams & Anor [2019] EWHC 1286 (QB) Mrs Justice Cutts considered the issue of whether interest was payable on the additional sums that a defendant pays when a claimant beats their own Part 36 offer. THE CASE…

STATUTORY INTEREST: THE AIM IS TO COMPENSATE NOT TO PUNISH

STATUTORY INTEREST: THE AIM IS TO COMPENSATE NOT TO PUNISH

February 4, 2018 · by gexall · in Appeals, Interest

In Carrasco v Johnson [2018] EWCA Civ 87 the Court of Appeal considered the appropriate rate for statutory interest. It reiterates important principles in relation to the court’s discretion in deciding the appropriate rate for the award of interest. “… interest…

CLAIMANT BEATS HIS OWN PART 36 OFFER: INTERESTS, COSTS AND HOW THE ADDITIONAL 10% IS CALCULATED

CLAIMANT BEATS HIS OWN PART 36 OFFER: INTERESTS, COSTS AND HOW THE ADDITIONAL 10% IS CALCULATED

November 27, 2017 · by gexall · in Civil Procedure, Damages, Interest, Part 36

In Mohammed v The Home Office [2017] EWHC 3051 (QB) Mr Edward Peperall QC (sitting as a Deputy High Court Judge) considered the appropriate award for interest and additional damages when a claimant had beaten their own Part 36 offer. …

DAMAGES, COSTS AND MEDIATION: COURT OF APPEAL CONSIDERS THE BOUNDARIES

DAMAGES, COSTS AND MEDIATION: COURT OF APPEAL CONSIDERS THE BOUNDARIES

May 24, 2017 · by gexall · in Appeals, Damages, Interest, Mediation, Mediation & ADR

In  the judgment today Gore -v- Naheed [2017] EWCA 369 the Court of Appeal considered the issue of damages being awarded (when they had not been claimed) and where costs should lie when a party – reasonably – declined to…

INTEREST ON DAMAGES AT 8% (AND THE DEFENDANT'S CONDUCT MATTERS): COURT OF APPEAL DECISION CONSIDERED

INTEREST ON DAMAGES AT 8% (AND THE DEFENDANT’S CONDUCT MATTERS): COURT OF APPEAL DECISION CONSIDERED

April 30, 2017 · by gexall · in Conduct, Damages, Interest

In Perry -v- Raleys Solicitors [2017] EWCA Civ 314 the Court of Appeal decided that the appropriate rate for interest on damages was 8% from the date of breach.  It is not often that questions of interest on damages are…

INTEREST ON AWARD NOT AUTOMATIC: A DECISION WHERE NO INTEREST WAS AWARDED

INTEREST ON AWARD NOT AUTOMATIC: A DECISION WHERE NO INTEREST WAS AWARDED

April 21, 2017 · by gexall · in Civil Procedure, Damages, Interest

The question of when, and whether, interest should be awarded is one of these issues in litigation that receives little coverage.  In Pinfold -v- Ansell [2017] EWHC 889 (Ch) HHJ David Cooke decided not to award interest at all. It…

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, 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….

COMPOUND INTEREST OR SIMPLE INTEREST? COUNTING THE COPPERS: CLAIMANT'S ARGUMENT MISSES THE NET

COMPOUND INTEREST OR SIMPLE INTEREST? COUNTING THE COPPERS: CLAIMANT’S ARGUMENT MISSES THE NET

March 2, 2017 · by gexall · in Civil evidence, Damages

In Ipswich Town Football Club Company Limited -v- The Chief Constable of Suffolk Constabulary [2017] EWHC 375 (QB) Mr Justice Green considered the question of whether a claimant was entitled to compound interest or simple interest. The judge gave that particular…

PART 36: ADDITIONAL AMOUNTS AND INTEREST

June 26, 2016 · by gexall · in Assessment of Costs, Costs, Interest, Part 36, Uncategorized

In Bolt Burdon -v- Tariq [2016] EWHC 1507 (QB) Mr Justice Spencer considered the appropriate approach to additional liabilities where a claimant beats its own Part 36 offer and interest was awarded on a contractual basis.  However the judgment appears…

SUCCESSFUL PART 36 OFFER BY CLAIMANT ATTRACTS INDEMNITY COSTS ONLY FROM THE DATE OF EXPIRY OF THE OFFER: A HIGH COURT CASE

October 21, 2015 · by gexall · in Costs, Interest, Part 36, Uncategorized

In RXDX -v- Northampton Borough Council [2015] EWHC 2938 (QB) Sir Colin Mackay revised an order in relation to indemnity costs following a Part 36 offer. THE CASE On the 12th March 2015 the claimant offered to settle the issue…

INTEREST WHERE THE CLAIM WAS OVER A PROLONGED PERIOD:JUDGMENT ACT RATE NO LONGER APPROPRIATE

October 15, 2015 · by gexall · in Damages, Uncategorized

There were many procedural issues in the Court of Appeal decision in Oyesanya -v- Mid-Yorkshire Hospital Trust [2015] EWCA Civ 1049.  Some of them will be looked at in later posts. Here we look at the appropriate approach of the…

SETTING OFF INTEREST AGAINST AN INTERIM PAYMENT: A HIGH COURT DECISION

August 1, 2015 · by gexall · in Civil Procedure, Uncategorized

The judgment of Mrs Justice Cox in Manna -v- Central Manchester University Hospitals NHS Foundation Trust [2015] EWHC 2279 (QB) is a veritable goldmine for anyone who writes about civil procedure or personal injury damages.  One of the, many, issues…

INCREASED INTEREST AND COSTS AFTER CLAIMANT BEATS ITS OWN PART 36 OFFER: JUDGMENT FOR THREE TIMES MORE THAN CLAIMANT'S OFFER

May 24, 2015 · by gexall · in Civil Procedure, Part 36

In Thai Airways International Public Company Ltd -v- KI Holdings Co Ltd [2015] EWHC 1476 (Comm) Mr Justice Leggat made slight modifications to the additional amounts to be awarded to a claimant which had beaten its own part 36 offer….

EVIDENCE: PROVING DAMAGES AND INTEREST ON DAMAGES: YOU CAN'T SUGAR THE PILL AND HAVE TO PROVE THE LOSS

October 21, 2014 · by gexall · in Civil evidence, Damages, Written advocacy

The final paragraphs of the judgment of Mr Justice Eder in Sugar Hut Group -v- AJ Insurance [2014] EWHC  3352 (Comm) has some important lessons on the need to adduce evidence to prove losses. It also contains a discussion of…

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