Interest on costs
Interest on costs
In the result I have determined:
That A & V will receive £10,820.55 in respect of the period to 4 December 2023;
That A & V will pay J&BH £6,636 in respect of the period from 4 December 2023 to 1 March 2024;
That A & V will pay J&BH £88,956.50 in respect of the period from 1 March 2024 to 18 June 2024.
That A & V will give a credit to J&BH for £3,130.80 in respect of copying costs.
It is common ground that interest can (and should be) allowed on costs.
Taking the above figures:
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;
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;
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;
As to the credit for copying costs, J&BH has thus far incurred no expense.
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.
- Heading
- This judgment was handed down by the court remotely by circulation to the parties’ representatives by email and released to The National Archives. The date and time for hand-down is deemed to be 15 No
- The outcome of the proceedings
- The approach to Offers of Settlement
- The Offers Made
- Relevant time periods
- Allocation of Costs up to 4 December 2023
- Allocation of Costs 4 December 2023 to 1 March 2024
- Allocation of Costs 1 March 2024 to 18 June 2024
- Allocation of Costs 18 June 2024 to date
- Summary Assessment?
- Cost assessment up to 4 December 2023
- Cost assessment 4 December 2023 to 1 March 2024
- Cost assessment 1 March 2024 to 18 June 2024
- Copying Costs
- Interest on costs
- Third Party Debt Order
- Set Off
- Construction Industry Scheme
- Conclusions
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