Chubb and Another v Dean and Another: ChD 24 Apr 2013

The court considered whether it had power to award a post judgment interest at a contractual rather than the statutory interest rate.
Held: There is no power of the court in this claim to add any amount beyond the statutory interest to the amount of the judgment debt, and that applies both to the contractual interest and, if the point had still been live, the amount of the facility fee.

Judges:

Cooke J

Citations:

[2013] EWHC 1282 (Ch)

Links:

Bailii

Statutes:

Consumer Credit Act 1974 140A

Jurisdiction:

England and Wales

Citing:

CitedRocco Giuseppe and Figli v Tradax Export SA 1983
The Court has no power to award a different rate of interest from the statutory rate. . .
CitedDirector General of Fair Trading v First National Bank HL 25-Oct-2001
The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship.
Held: The term was not covered by the Act, and was not unfair under the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Contract

Updated: 30 November 2022; Ref: scu.514953