Late payment interest not lost for invoice error
The claimant had become entitled to payment for services and submitted its invoices. When the defendant failed to pay promptly, it added sums due under the 1998 Act. The defendant responded that errors on the invoices made the claims for the additional sums invalid.
Held: The claimant’s appeal succeeded. The Act gave power to remit any part of the claim for error, and therefore it was not the case that the court must reject any claim for any error. Policy did not require such an approach.
Lord Justice Sedley, Lord Justice Jacob and Lord Justice Lloyd
[2009] EWCA Civ 97, Times 04-Mar-2009, [2010] 1 All ER (Comm) 444, [2009] Bus LR D93, [2009] BLR 301
Bailii
Late Payment of Commercial Debts (Interest) Act 1998
England and Wales
Citing:
Appeal from – Ruttle Plant Hire Ltd v Secretary of State for Environment, Food and Rural Affairs (No. 3) TCC 20-Mar-2008
. .
See Also – Ruttle Plant Ltd v Secretary of State for Environment Food and Rural Affairs No. 2 TCC 30-Apr-2008
. .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 02 November 2021; Ref: scu.311760