Kerry Underwood

COUNTY COURTS INTEREST BROUGHT IN LINE WITH HIGH COURT

leave a comment »


Kerry Underwood offers consultancy services in relation to this and other matters and details are here.

 

The County Courts (Interest on Judgment Debts) (Amendment) Order 2019 was laid before Parliament on 1 May 2019 , effective 27 May 2019.

It is accompanied by an explanatory memorandum.

It amends the County Courts (Interest on Judgment Debts) Order 1991 in relation to the County Court’s powers to order judgment debt interest.

These amendments align the 1991 Order’s provisions with the powers in CPR 40.8, which allow the court to order that interest on a judgment debt can run from a date earlier than the date on which judgment is given.

The power to backdate interest has not previously been available to the County Court, since such a power could only be conferred under section 74 of the County Courts Act 1984 with the concurrence of the Treasury.

By aligning these provisions, the 2019 Order helps resolve concerns about access to justice arising from the same provisions not being applied across the civil courts.

In particular, it removes the detriment that a successful party in the County Court may otherwise incur by only receiving interest from the date of judgment or determination of the amount of judgment, compared to the backdated interest they could have received under CPR 40.8 had proceedings been brought in the High Court.

 

Written by kerryunderwood

May 14, 2019 at 7:28 am

Posted in Uncategorized

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: