FROM RUSSIA WITH INTEREST
Failing to plead interest is a highly risky omission. But never say never. Yes, I know that CPR 16.2 provides that interest ‘must’ be pleaded. However, CPR Pt 16 does not apply to Pt 8 claims, which in Timokhin v Timokhina [2026] EWHC 1194 (KB)—concerned with recognition and enforcement of Russian judgments for over £417,000—was a pretty powerful reason to award the claimant unpleaded interest as it was indeed a Pt 8 claim. Nevertheless, Mr Justice Dexter Dias would have awarded it anyway. There was no prejudice alleged by virtue of the omission and none discernible. And there’s a Court of Appeal decision which could get you out of a hole, as cited in Timokhin, to wit El Ajou v Stern [2006] EWCA Civ 165 in which Lord Justice Carnwath (as he then was) stated that the CPR regulated the statutory power to award interest. They did not take
