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).