Involnert Management Inc v Aprilgrange Limited & Ors

Involnert Management Inc v Aprilgrange Limited & Ors

Interest under section 17 of the Judgments Act 1838 on the costs payable by the claimant should run from three months after the date of the costs order, aligning with the period prescribed by CPR 47.7 for commencing detailed assessment proceedings, as this is when the claimant can reasonably be expected to know the amount payable and make payment.

Parties
Claimant: Involnert Management Inc; Defendants: Aprilgrange Limited & Others; First Third Party: AIS Insurance Services Limited; Second Third Party: OAMPS Special Risks Limited
Jurisdiction
England and Wales
Judgment Date
08 October 2015
Procedural Posture
Commercial Costs Order / Post Judgment Consequential Hearing on Costs and Interest
Outcome
Application granted in part; interest on costs postponed to three months after costs order.
Legal Topics
Interest on Costs, Judgments Act 1838, Civil Procedure Rules, Assessment of Costs
Civil Procedure Costs Interest on Costs Judgments Act 1838 Civil Procedure Rules Assessment of Costs

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Parties

Involnert Management Inc

Claimant

Aprilgrange Limited & Others

Defendants

AIS Insurance Services Limited

First Third Party

OAMPS Special Risks Limited

Second Third Party

Procedural Posture

Commercial Costs Order / Post Judgment Consequential Hearing on Costs and Interest

Legal Issues

  1. 1 From what date should interest under section 17 of the Judgments Act 1838 run on costs payable by the claimant?
  2. 2 Whether the court should exercise its discretion under CPR 40.8(1) to postpone the start date for judgment interest on costs.

Ratio Decidendi

Interest under section 17 of the Judgments Act 1838 on the costs payable by the claimant should run from three months after the date of the costs order, aligning with the period prescribed by CPR 47.7 for commencing detailed assessment proceedings, as this is when the claimant can reasonably be expected to know the amount payable and make payment.

Court Disposition

Application granted in part; interest on costs postponed to three months after costs order.

Orders

  • Interest on costs payable by the claimant to the defendants and OAMPS to run at Bank of England Base Rate plus 2% from the dates when the costs were incurred until three months after the costs orders, and at the Judgments Act rate thereafter.
  • Claimant to pay 75% of the defendants’ costs and the costs of OAMPS, subject to detailed assessment.