Simcoe v Jacuzzi UK Group Plc

Simcoe v Jacuzzi UK Group Plc

Interest on costs in the County Court runs from the date of the order for costs (incipitur date), either because CPR 40.8 is ineffective for lack of Treasury concurrence and the 1991 Order applies, or, if CPR 40.8 applies, the general rule is interest from the incipitur date and there is no justification to depart from it in CFA cases.

Parties
Appellant: Adrian Simcoe; Respondent: Jacuzzi UK Group PLC
Jurisdiction
England and Wales
Judgment Date
16 February 2012
Procedural Posture
Civil Appeal / Appeal From Leeds County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Interest on Costs, Conditional Fee Agreements (cfa), Interpretation of CPR 40.8, County Court (interest on Judgments Debts) Order 1991, Judgments Act 1838, County Courts Act 1984
Civil Procedure Costs Interest on Costs Conditional Fee Agreements (cfa) Interpretation of CPR 40.8 County Court (interest on Judgments Debts) Order 1991 Judgments Act 1838 County Courts Act 1984

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Parties

Adrian Simcoe

Appellant

Jacuzzi UK Group PLC

Respondent

Procedural Posture

Civil Appeal / Appeal From Leeds County Court to Court of Appeal

Legal Issues

  1. 1 From what date does interest run on an award of costs in favour of a successful claimant under a CFA in a personal injury claim: the date of the order for costs (incipitur date) or the date the costs are agreed/assessed (allocatur date)?
  2. 2 Is CPR 40.8 effective in the County Court without Treasury concurrence?
  3. 3 Does the 1991 Order mandate interest from the incipitur date?

Ratio Decidendi

Interest on costs in the County Court runs from the date of the order for costs (incipitur date), either because CPR 40.8 is ineffective for lack of Treasury concurrence and the 1991 Order applies, or, if CPR 40.8 applies, the general rule is interest from the incipitur date and there is no justification to depart from it in CFA cases.

Court Disposition

Appeal allowed

Orders

  • Interest on the agreed costs to run from the date of the order for costs (incipitur date)