Issue 4: The Interest Issue
Issue 4: The Interest Issue
RSA claims, on all sums awarded to it, compound interest at common law or, alternatively, simple interest under section 35A of the Senior Courts Act 1981, in either case to run from the dates of the respective losses.
Equitas contends, first, that an award of interest ought to be refused either entirely or largely on account of delay in particularising and pursuing the claim and, second, that an award of compound interest is inappropriate in this case.
- Heading
- Judge Keyser KC
- Issue 1: The Defence Costs Erosion Issue
- Issue 2: The Claims Co-operation Clause Issue
- Issue 3: The Proper and Businesslike Steps Issue
- Inclusion of the limits of the Global Excess Policies was neither reasonable nor principled
- Mr Miller failed to verify the policy limits and attachment points of the Global Excess Policies
- Mr Miller failed to verify the position regarding pollution exclusions in BOC US’s primary policies post-October 1988 Mr Miller failed to verify the position regarding pollution exclusions in BOC US’s excess policies post-October 1985
- The TTSA was entered into prematurely, before opposition briefs had been filed
- Conclusion on Issue 3
- Issue 4: The Interest Issue
- Period of interest
- Compound Interest
- Conclusions
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