CA-2024-001898 - [2025] EWCA Civ 1392

Lady Justice Falk:

Introduction

This appeal concerns the correct approach to awards of interest under a final order in circumstances where a previous order in the claimant’s favour for summary judgment in respect of part of their claim is set aside on appeal, but the overall claim as finally established exceeds the amount paid under the erroneous order. The appeal relates to a final order made by Richards J in favour of one taxpayer in the long-running FII group litigation.

We were significantly assisted by the submissions of Mr Frederick Wilmot-Smith for the appellants, HMRC, and Mr Jonathan Bremner KC for the respondent taxpayer, Evonik UK Holdings Limited (“Evonik”), for which we are most grateful.