header-logo header-logo

Shifting sands

08 January 2016 / Trevor Slack
Issue: 7681 / Categories: Features , Procedure & practice
printer mail-detail
nlj_7681_slack

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

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll