Kerry Underwood

PART 36: HIGH COURT AWARDS 10% ABOVE BASE

leave a comment »


The matters dealt with in this piece are examined in great detail in my three volume, 1,300 page book Personal Injury Small Claims, Portals and Fixed Costs – price £50 and available from Underwoods Solicitors here.

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

 

In

Essex County Council & Ors v Davies & Ors [2019] EWHC 3443 (QB)

the Queen’s Bench Division of the High Court upheld the trial judge’s decision to award interest at 10% above base rate where the claimant had beaten its own Part 36 offer.

This follows the very recent decision of the Technology and Construction Court, part of the High Court, in

Kivells Ltd v Torridge District Council [2019] EWHC 3210 (TCC)

where it stated that 8% was generally the appropriate interest rate in such circumstances.

In this case the High Court upheld the trial judge’s finding that there were special circumstances involving the defendants’ conduct which warranted the maximum rate.

The details of the Kivells case, please see my blog

PART 36: 8% APPROPRIATE INTEREST RATE SAYS HIGH COURT .

Written by kerryunderwood

December 17, 2019 at 2:48 pm

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: