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08 January 2016 / Trevor Slack
Issue: 7681 / Categories: Features , Procedure & practice
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Shifting sands

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Trevor Slack seeks out some solid ground in the debate over interest on judgment debt

In commercial disputes, there are many approaches that can be put forward by the litigating parties to calculate pre-judgment interest (PJI). These include opportunity costs, statutory rates and borrowing rates. Unsurprisingly, different approaches can give different results, but only one can be used in a judgment. Thus, to minimise the debate over PJI rates, an approach that has economic consistency is sought.

Ignoring rates of interest found in contracts pertaining to a claim, the legal basis for applying non-contractual interest to damages awards also appears well established and can run from the date of the: cause of action; loss; or claim.

However, the type of interest, ie simple or compound, and the rate of interest are often areas of debate and/or legal argument. The analysis that follows seeks to narrow the scope for debate, and make PJI a relatively mechanical and uncontroversial issue.

Restorative justice

Per Robinson v Harman (1848) 18 LJ Ex 202, [1843-60] All ER Rep 383, the aim

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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