Hackney Empire Ltd v Aviva Insurance UK Ltd

Hackney Empire Ltd v Aviva Insurance UK Ltd

Interest should run from 29 March 2004, three weeks after HEL's demand, at a rate of 2% over Barclays base rate, reflecting HEL's status as a charity and not a commercial entity, and taking into account the delay but not categorising it as exceptional or inexcusable.

Parties
Claimant: Hackney Empire Ltd; Defendant: Aviva Insurance UK Ltd
Jurisdiction
England and Wales
Judgment Date
30 July 2013
Procedural Posture
Civil / Post Judgment Determination of Interest
Outcome
Interest awarded to HEL from 29 March 2004 at 2% over Barclays base rate until payment of the principal sum.
Legal Topics
Interest on Judgment Debts, Delay in Litigation, Performance Bonds

Case Brief

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Parties

Hackney Empire Ltd

Claimant

Aviva Insurance UK Ltd

Defendant

Procedural Posture

Civil / Post Judgment Determination of Interest

  1. 1 From what date should interest run
  2. 2 For what period should interest run
  3. 3 What should be the rate of interest during that period

Ratio Decidendi

Interest should run from 29 March 2004, three weeks after HEL's demand, at a rate of 2% over Barclays base rate, reflecting HEL's status as a charity and not a commercial entity, and taking into account the delay but not categorising it as exceptional or inexcusable.

Court Disposition

Interest awarded to HEL from 29 March 2004 at 2% over Barclays base rate until payment of the principal sum.

Orders

  • Aviva to pay interest to HEL at 2% over Barclays base rate from 29 March 2004 to date of payment.