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26 May 2017
Issue: 7747 / Categories: Features , Civil way , Procedure & practice
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Civil way: 26 May 2017

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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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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