The Court of Appeal has held that Judgments Act 1838 interest on costs runs from the date the order is made (the incipitur rule) and not the date costs are assessed (the allocatur rule). This applies to cases before both the High Court and County Court, whether the claim is funded under a CFA or not. In the High Court, however, the court has a discretion to postpone the date on which interest runs under CPR 40.8. This is not available in the County Court for the reasons set out in the judgment (Simcoe v Jacuzzi (UK) Ltd).
Register Now As you are not an existing subscriber please register for your free daily legal newsfeed service.Register
If you have any questions about the service please contact email@example.com or call Lexology Customer Services on +44 20 7234 0606.
Post-judgment interest on costs
If you are interested in submitting an article to Lexology, please contact Andrew Teague at firstname.lastname@example.org.
“I find the newsfeeds to be extremely helpful and relevant to my practice area and to the issues facing my company. As I am extremely happy with the newsfeed (it is one of the best I receive) I have no suggestions at this time for improvement.”
Brenda P Fuller
Assistant General Counsel