Dobson & Ors v Thames Water Utilities Ltd (No. 3) [2012] EWHC 986 (TCC) (17 April 2012)

Dobson & Ors v Thames Water Utilities Ltd (No. 3) [2012] EWHC 986 (TCC) (17 April 2012)

Interest should be awarded under section 35A of the Senior Courts Act 1981 on each annual sum of general damages for nuisance, calculated from the mid-point of each year or part year to the date of judgment, at the special account rate, as this reflects compensation for being kept out of money owed for each period of nuisance.

Citation
[2012] EWHC 986 (TCC)
Parties
Claimants: Hanifa Dobson & Others; Defendants: Thames Water Utilities Limited
Jurisdiction
England and Wales
Judgment Date
17 April 2012
Procedural Posture
Civil Tort (nuisance) / Post Judgment Application for Interest on Damages
Outcome
Interest awarded to claimants on general damages for nuisance.
Legal Topics
Nuisance, Damages, Interest on Damages, Discretionary Remedies
Tort Law Civil Procedure Nuisance Damages Interest on Damages Discretionary Remedies

Case Brief

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Parties

Hanifa Dobson & Others

Claimants

Thames Water Utilities Limited

Defendants

Procedural Posture

Civil Tort (nuisance) / Post Judgment Application for Interest on Damages

Legal Issues

  1. 1 Whether interest should be awarded on general damages for nuisance
  2. 2 What is the appropriate rate and period for such interest

Ratio Decidendi

Interest should be awarded under section 35A of the Senior Courts Act 1981 on each annual sum of general damages for nuisance, calculated from the mid-point of each year or part year to the date of judgment, at the special account rate, as this reflects compensation for being kept out of money owed for each period of nuisance.

Court Disposition

Interest awarded to claimants on general damages for nuisance.

Orders

  • Schedule A Claimants entitled to interest under section 35A of the Senior Courts Act 1981 on general damages for each year from the mid-point of that year to the date of judgment at the special account rate.
  • Parties to provide an agreed calculation for the interest.