header-logo header-logo

Home Login E-newsletter About us
09 October 2015 / Lance M Dodgson
Issue: 7671 / Categories: Features , Personal injury
printer mail-detail

A matter of interest

© Copyright LexisNexis 2026. All Rights Reserved.

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Read All
NLJ this week: No such thing as a ‘Welsh seat’
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
NLJ this week: Jury reform risks justice for efficiency’s sake
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
NLJ this week: Crypto fightback offers ‘new frontier for law’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
NLJ this week: Time to revive the duty to report crime?
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
NLJ this week: When are experts truly ‘necessary’?
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
Copyright © 2026 LexisNexis
back-to-top-scroll