Losing interest

Happy New Year.

And so begins 2023.

At the tail end of last term, a judgment was handed down in a case I had some involvement in, on the old chestnut of whether interest should be awarded on costs, pre-judgment, or rather, before the making of the costs order giving the right to costs.

The claimants in a number of cases had taken out litigation funding loans, and wished to recover significant amounts of interest as part of the detailed assessment process.

Costs Judge Whalan refused to order pre-judgment interest.

The decision is the latest in a long line of judgments at first instance, where claims for interest in consumer cases, or personal injury cases have been refused.

I was instructed by Glenn Newberry of Eversheds Sutherland.

A copy of the judgment can be found here: Adcock and others v Blemain Finance Limited [2022] EWHC 3280 SCCO

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