The claimant claimed under his fire insurance with the defendants. He sought damages for their delay in processing the claim.
Held: The power to award interest on damages is discretionary. The judge had refused to allow interest, at a rate which applied at different times following the damage. He could do so, because of the claimant’s delay. However the court should also look at the fact that the defendant in this case had set aside sums for the payment of damages in this action, and that such a reduction in interest rates might also lead to a windfall, or an unjust enrichment of the defendant. Whilst the judge had not been entirely correct, his discretion was not to be interfered with.
Judges:
Waller LJ, Sir Christopher Slade
Citations:
Times 26-Apr-2000, [2000] EWCA Civ 117
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – London, Chatham and Dover Railway Co v South Eastern Railway Co HL 1893
The Lord Chancellor was considering the position of a creditor whose debtor refused to exchange accounts as agreed, thus preventing the creditor from quantifying the debt.
Held: The House declined to alter the rule in Page -v- Newman.
Cited – Jefford v Gee CA 4-Mar-1970
The courts of Scotland followed the civil law in the award of interest on damages. The court gave examples of the way in which they apply the ex mora rule when calculating the interest payable in a judgment. If money was wrongfully withheld, then . .
Cited – United Bank of Kuwait Ltd v Hammond and Others CA 1988
It will only be in the ordinary course of business of the firm for a solicitor to do an act where there was an underlying transaction of a kind which was part of the usual business of a solicitor. ‘On the facts represented to the [third party] would . .
Cited – Tate and Lyle Food Distribution Ltd v Greater London Council 1981
Forbes J considered the principles to be applied when considering the award of interest on damages between the date of the loss and the judgment: ‘Despite the way in which Lord Herschell LC in London, Chatham and Dover Railway Co v South Eastern . .
Cited – Shearson Lehman Hutton v Maclaine Watson (No 2) 1990
When a court orders repayment of a sum, with interest the rate of interest may be the commercial rate, which would normally be 1% above base rate, but is variable on appropriate evidence. . .
Cited by:
Cited – Cawsand Fort Management Company Ltd v Stafford and others CA 20-Nov-2007
The tenant had sought an order under the 1987 Act for the appointment of a manager of the apartments. The landlord appealed against the order saying that it could not apply to buildings which were not comprised in the buildings containing the . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 10 May 2022; Ref: scu.77652