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Search Results for: Judgments Act 1838
Hunt v R M Douglas (Roofing) Ltd: HL 1990
The plaintiff had an order ‘That the Defendants do pay to the Plaintiff his costs of this action . . to be taxed . . failing agreement’ and the House was asked as to the time from when he was entitled to interest. Held: A litigant who has been awarded costs in an action is … Continue reading Hunt v R M Douglas (Roofing) Ltd: HL 1990
Gill v The Continental Union Gas Company Limited: 1872
In an action under section 15 against a company for permitting the transfer of shares after notice of a charging order nisi, and before the making of it absolute, it is a good answer to show that the judgment debtor in whose name the shares stood had no beneficial interest in them.’Bramwell B said: ‘The … Continue reading Gill v The Continental Union Gas Company Limited: 1872
Novoship (UK) Ltd and Others v Mikhaylyuk and Others: ComC 18 Jan 2013
Assessment of pre-judgment interest – disgorgement of profits Judges: Christopher Clarke J Citations: [2013] EWHC 89 (Comm) Links: Bailii Statutes: Judgments Act 1838 17, Judgment Debts (Rate of Interest) Order 1993, Private International Law (Miscellaneous Provisions) Act 1995, Administration of Justice Act 1970 Damages Updated: 14 November 2022; Ref: scu.471176
Persimmon Homes (South Coast) Ltd v Hall Aggregates (South Coast) Ltd and Another (No 3): TCC 28 Aug 2012
Judges: Ramsey J Citations: [2012] EWHC 2429 (TCC) Links: Bailii Statutes: Judgments Act 1838 Jurisdiction: England and Wales Cited by: Cited – Sabic UK Petrochemicals Ltd v Punj Lloyd Ltd TCC 10-Oct-2013 Dispute as to the approach applicable on calculation of statutory interest on judgment. Held: Interest was awarded at the normal commercial rate. The … Continue reading Persimmon Homes (South Coast) Ltd v Hall Aggregates (South Coast) Ltd and Another (No 3): TCC 28 Aug 2012
Gater Assets Ltd v Nak Naftogaz Ukrainiy: ComC 21 May 2008
Whether interest recoverable under 1838 Act Citations: [2008] EWHC 1108 (Comm) Links: Bailii Statutes: Judgments Act 1838 17 Jurisdiction: England and Wales Citing: See Also – Gater Assets Ltd v Nak Naftogaz Ukrainiy ComC 22-Mar-2007 Application for security for costs. . . See Also – Gater Assets Ltd v Nak Naftogaz Ukrainiy CA 17-Oct-2007 The … Continue reading Gater Assets Ltd v Nak Naftogaz Ukrainiy: ComC 21 May 2008
Thomas v Bunn: HL 1991
From its enactment it was accepted that s 17 applied to orders for costs to be taxed – even though before taxation was completed there was no sum for which execution could be levied – and did so from the date of the order (the incipitur rule), not the date of the certificate of taxation … Continue reading Thomas v Bunn: HL 1991
Rocco Giuseppe and Figli v Tradax Export SA: 1983
The Court has no power to award a different rate of interest from the statutory rate. Judges: Parker J Citations: [1984] 1 WLR 742, [1983] 3 All ER 598, [1983] 2 Lloyds Rep 434 Statutes: Judgments Act 1838 17, Administration of Justice Act 1970 44(1) Cited by: Cited – Chubb and Another v Dean and … Continue reading Rocco Giuseppe and Figli v Tradax Export SA: 1983
Involnert Management Inc v Aprilgrange Limited and Others: ComC 8 Oct 2015
Date from which interest was to run on principal damages award. Leggatt J [2015] 5 Costs LR 813, [2015] EWHC 2834 (Comm) Bailii Judgments Act 1838 17 England and Wales Citing: Cited – Hunt v R M Douglas (Roofing) Ltd HL 1990 The plaintiff had an order ‘That the Defendants do pay to the Plaintiff … Continue reading Involnert Management Inc v Aprilgrange Limited and Others: ComC 8 Oct 2015
Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (No 2): HL 27 Nov 1997
A surveyor’s negligent valuation had led to the plaintiff obtaining what turned out to be inadequate security for his loan. A cause of action against a valuer for his negligent valuation arises when a relevant and measurable loss is first recorded. Earlier decisions of the house had settled the liability for damages and the amount … Continue reading Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (No 2): HL 27 Nov 1997
Sycamore Bidco Ltd v Breslin and Another: ChD 14 Feb 2013
The court considered whether it was correct to award interest on the sum of damages for the period before as well as after judgment, and if so, from what date and at what rate of interest.. . .
BP Exploration Co (Libya) Ltd v Hunt (No 2): 1979
The contract between the parties relating to an oil concession in Libya had been frustrated by the nationalisation of the field.
Held: The court considered the setting of damages where the plaintiff had delayed in notifying the defendant of . .
Ministry of Housing and Local Government v Sharp: CA 1970
Mr Sharp was the local land registrar with statutory duty to maintain the local registry, issuing certificates in response to search requests. A clerk who had been seconded by another Council to assist him negligently issued an inaccurate certificate to a prospective purchaser of land, omitting any reference to a claim to reimbursement of compensation … Continue reading Ministry of Housing and Local Government v Sharp: CA 1970
Tate and Lyle Distribution v Greater London Council: 1982
The defendants were liable to the claimants for having failed to dredge silt which they had caused to be accumulated when constructing new piers for the Woolwich ferry and which had obstructed the claimants’ use of their barge moorings. The result had been that the claimants themselves had had to dredge the silt and, as … Continue reading Tate and Lyle Distribution v Greater London Council: 1982
Kumchyk v Derby County Council: EAT 1978
The appellant sought to advance an argument that a certain term was implied into the contract of employment which, for its consideration, would have required consideration of a factual framework which had not been explored in evidence. Held: The failure of a party’s legal representative properly to explain his client’s case to the tribunal is … Continue reading Kumchyk v Derby County Council: EAT 1978
A J Bekhor and Co Ltd v Bilton: CA 6 Feb 1981
The plaintiff had applied for disclosure of assets under the Rules of the Supreme Court in support of a Mareva freezing order. The rules were held not to provide any such power: disclosure of assets could not be obtained as part of discovery as the documents concerned did not relate ‘to matters in question in … Continue reading A J Bekhor and Co Ltd v Bilton: CA 6 Feb 1981
