Jones & Ors v Secretary of State for Energy and Climate Change & Anor [2013] EWHC 1023 (QB) (03 May 2013)

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, since the defendants did not show the rate to be excessive or unreasonable and the claimants would not have obtained more advantageous terms elsewhere.

Citation
[2013] EWHC 1023 (QB)
Parties
Claimant: 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
Claimants' application for pre-judgment interest on disbursements granted.
Legal Topics
Pre Judgment Interest, Disbursements, Conditional Fee Agreements, Credit Agreements, Personal Injury Litigation
Civil Procedure Costs Pre Judgment Interest Disbursements Conditional Fee Agreements Credit Agreements Personal Injury Litigation

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Parties

Jeffrey Jones and Others

Claimant

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. 1 Whether claimants are entitled to pre-judgment interest on disbursements funded by credit agreements
  2. 2 What is the appropriate rate of interest for pre-judgment disbursements

Ratio Decidendi

The appropriate rate of pre-judgment interest on disbursements is 4% above base rate, as agreed in the credit agreements, since the defendants did not show the rate to be excessive or unreasonable and the claimants would not have obtained more advantageous terms elsewhere.

Court Disposition

Claimants' application for pre-judgment interest on disbursements granted.

Orders

  • Defendants to pay pre-judgment interest on claimants' disbursements at 4% above base rate from date of payment to date of judgment.
  • Interest not payable before execution of relevant credit agreement.