Source: All England Reporter
Publisher Citation: [2012] All ER (D) 107 (Feb)
Neutral Citation: [2012] EWCA Civ 137
Court: Court of Appeal, Civil Division
Judge: Lord Neuberger MR, Hooper, McFarlane LJJ and Master Gordon-Saker
Representation John Foy QC and Roger Mallalieu (instructed by Irwin Mitchell LLP) for the claimant.
  Mark Friston and Paul Hughes (instructed by Berrymans Lace Mawer) for the defendant.
Judgment Dates: 16 February 2012

Catchwords

Costs - Interest on costs - Date from which interest payable - Consent order - Parties compromising claimant's personal injury action - Defendant agreeing to pay claimant's costs - Costs subsequently agreed - Whether interest being payable from date of compromise of action or from date costs being agreed - Whether same rules applying in county court as in High Court - County Court (Interest on Judgments Debts) Order 1991, - CPR40.8(1).

The Case

Costs Interest on costs. The Court of Appeal, Civil Division, in allowing the claimant's appeal in respect of interest on costs, held that CPR40.8(1) was of no effect in the county court and that the effect of the County Court (Interest on Judgments Debts) Order 1991, , was that interest on costs ran from the date of the judgment which contained an order for costs.

Practice Areas

The judgment for this case is forthcoming.

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