Jones & Ors v Secretary of State for Energy and Climate Change & Anor [2013] EWHC 1023 (QB) (03 May 2013)
The appropriate rate of pre-judgment interest on disbursements is 4% above base rate, as agreed in the credit agreements between claimants and their solicitors, since this rate was not shown to be excessive or unreasonable and reflects the cost of unsecured borrowing for individuals of modest means.
- Citation
- [2013] EWHC 1023
- Parties
- Claimants: Jeffrey Jones and Others; First Defendant: The Secretary of State for Energy and Climate Change; Second Defendant: Coal Products Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 03 May 2013
- Procedural Posture
- Group Litigation (phurnacite Workers Group Litigation) / Post Judgment Costs Determination
- Outcome
- Application granted in favour of claimants.
- Legal Topics
- Pre Judgment Interest, Disbursements, Conditional Fee Agreements, Interest on Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Jeffrey Jones and Others
Claimants
The Secretary of State for Energy and Climate Change
First Defendant
Coal Products Limited
Second Defendant
Procedural Posture
Group Litigation (phurnacite Workers Group Litigation) / Post Judgment Costs Determination
Legal Issues
- 1 Whether claimants are entitled to pre-judgment interest on disbursements
- 2 What is the appropriate rate of pre-judgment interest on disbursements
Ratio Decidendi
The appropriate rate of pre-judgment interest on disbursements is 4% above base rate, as agreed in the credit agreements between claimants and their solicitors, since this rate was not shown to be excessive or unreasonable and reflects the cost of unsecured borrowing for individuals of modest means.
Court Disposition
Application granted in favour of claimants.
Orders
- Defendants to pay pre-judgment interest on disbursements at 4% above base rate from date of payment to date of judgment.
- No interest payable before execution of relevant credit agreement.
Full Case Text
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