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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

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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The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
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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

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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