HT-2021-000466 - [2024] EWHC 2110 (TCC)

In paragraphs 110 to 114 of her skeleton argument, Ms Slow claims interest on the costs awarded. She refers to the decision of Sir Alastair Norris in Sharp and others v Blank and others [2020] EWHC 1870 (Ch); [2020] Costs LR 835. In that case at paragraph [25] the learned judge said:

…. A claim for pre-judgment interest on costs is commonplace, and it was for the Claimants to decide whether any protective measures were required, not for the Defendants to call for them. I shall exercise the discretion in the way in which it is customarily exercised and order the Claimants to pay interest on the Defendants' costs at the applicable Bank of England base rate from the date of payment of each invoice until the earlier of (i) payment of such costs or (ii) the date from which interest at the rate prescribed by the Judgments Act 1838 become payable.

In this case Ms Slow submits, and I agree, that the figure of 8% used for the financing cost calculations on a simple interest basis is appropriate.

I also agree that interest is payable from the date of payment of each cost invoice (subject to the application of the 60% apportionment I have made above).

The parties will need to discuss the mechanics of calculating the appropriate figures: there will be liberty to apply to resolve any differences between the Parties in respect of that calculation (and any other calculation arising out of this judgment).

Ms Slow submits that the date for payment of the total judgment debt should be 14 August 2024. I think this is somewhat tight given that the figures for interest and costs have been resolved in this judgment. My decision is that the date should be 28 August 2024, subject to any application on the part of Arcadis to extend this date.