HT-2023-000006 - [2024] EWHC 2914 (TCC)
Technology and Construction Court

HT-2023-000006 - [2024] EWHC 2914 (TCC)

Fecha: 15-Nov-2024

Interest on costs

Interest on costs

214.

In the result I have determined:

1)

That A & V will receive £10,820.55 in respect of the period to 4 December 2023;

2)

That A & V will pay J&BH £6,636 in respect of the period from 4 December 2023 to 1 March 2024;

3)

That A & V will pay J&BH £88,956.50 in respect of the period from 1 March 2024 to 18 June 2024.

4)

That A & V will give a credit to J&BH for £3,130.80 in respect of copying costs.

215.

It is common ground that interest can (and should be) allowed on costs.

216.

Taking the above figures:

(1)

In respect of the period to 4 December 2023, the biggest single element is the issue fee of £10,000. Interest on this figure should run from the date of issue of the Claim Form to this judgment at the rate of 4% over base rate until the date of this judgment. On the other, minor, figures the costs should be assessed at the same rate from the mid date of this period;

(2)

In respect of the period from 4 December 2023 to 1 March 2024, there is a net sum payable from A & V to J&BH. Most of the cost element payable was billed to J&BH after 1 March 2024. In my view the fair result is for this to be treated as incurring interest from the date of due payment of J&BH’s solicitors’ invoice of 8 March 2024, namely 22 March 2024 until the date of this judgment. The rate will be the rate which J&BH itself contended to this Court in the enforcement proceedings for amounts due to it from A & V, namely a flat rate of 4% per annum;

(3)

In respect of the period from 1 March 2024 to 18 June 2024, it seems to me that the usual approach of taking the midpoint in the period should be adopted, with the rate being 4% consistently with my decision at sub-paragraph (2) above;

(4)

As to the credit for copying costs, J&BH has thus far incurred no expense.

217.

The sums to be taken into account in accordance with the principles stated above were calculated by those representing J&BH following receipt of the draft judgment in this matter, and I have accepted those calculations.