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Civil way: 26 May 2017

26 May 2017
Issue: 7747 / Categories: Features , Civil way , Procedure & practice
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Guess the interest rate; coughing gender pay; Ooops; & enforcement tort.

OF INTEREST

Generally, the Commercial Court has historically awarded pre-judgment interest at base rate plus 1%, looking at the rate at which the successful party could borrow commercially. But its guide tells us that these days, there is no presumption that this is the appropriate measure of a commercial rate of interest. In Kitcatt and others v MMS UK Holdings Ltd and another [2017] EWHC 786 (Comm) the claimants had collected a judgment for £2.6m. They ambitiously sought interest at base plus 5%, relying on Attrill v Dresdner Kleinwort Ltd [2012] EWHC 1468 (QB) where non-commercial claimants secured base plus 5% and Reinhard v Ondra LLP [2015] EWHC 2943 (Ch) in which base plus 3% was awarded. Males J gave them base plus 2%. The rates at which a commercial concern would be able to borrow were not available to the claimants as individuals. However, they were successful business people who might be able to achieve a better rate than some other individual

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MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
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