Jones & Ors v Secretary of State for Energy and Climate Change & Anor

The appropriate rate of pre-judgment interest on disbursements is 4% above base rate, as agreed in the credit agreements between the claimants and their solicitors, since there was no evidence that this rate was excessive or unreasonable and it was likely more advantageous than commercial alternatives.

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: Civil (costs/interest) / Post Judgment Application for Pre Judgment Interest on Disbursements
Outcome: Application granted
Legal Topics: Pre Judgment Interest, Disbursements, Conditional Fee Agreements, Credit Agreements in Litigation

Civil Procedure Costs Pre Judgment Interest Disbursements Conditional Fee Agreements Credit Agreements in Litigation

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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

Civil (costs/interest) / Post Judgment Application for Pre Judgment Interest on Disbursements

Legal Issues

1 Are claimants entitled to pre-judgment interest on disbursements paid by their solicitors under credit agreements?
2 What is the appropriate rate of interest to award on such disbursements?

Ratio Decidendi

Court Disposition

Application granted

Orders

Defendants to pay pre-judgment interest on disbursements at 4% above base rate, calculated from the date of payment of the relevant sums to the date of judgment, subject to agreement on calculation mechanism.