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09 October 2015 / Lance M Dodgson
Issue: 7671 / Categories: Features , Personal injury
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A matter of interest

Lance M Dodgson discusses recovering interest on special damages

Courts routinely award interest on special damages at eight per cent in personal injury matters despite case law advocating the adoption of the special account rate.

Given the inconsistent court practices, the appropriate award for interest can cause a number of difficulties for lawyers seeking to provide clear advice. In the current turbulent economic climate, interest can and does make a substantial difference to the amounts recovered on behalf of Claimants and must not be undervalued.

The inherent judicial power to award interest is contained in the Senior Courts Act 1981 (SCA 1981), s 35A, for High Court cases, and the County Court Act 1984 (CCA 1984), s 69, for county court cases. The SCA 1981 and CCA 1984 regrettably fail to provide any guidance on the rate and period concerning the award of interest. The courts however have a wide discretion to determine whether interest is to be awarded, the period of interest and the rate of interest. Case law states that the

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

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