Denney v Hodge [1973] JJ 2429 (15 June 1973)

Denney v Hodge [1973] JJ 2429 (15 June 1973)

Interest may be included in the judgment debt if judgment is given after the Interest on Debts and Damages (Jersey) Law 1971 came into force, even if the cause of action arose earlier, and interest may be back-dated to the date the cause of action arose.

Citation
[1973] JJ 2429
Parties
Applicant: Denney; Respondent: Hodge
Jurisdiction
Jersey
Judgment Date
15 June 1973
Procedural Posture
Civil / Judgment
Outcome
interest included in judgment debt
Legal Topics
Interest on Judgment Debt, Retrospective Application of Statute
Civil Procedure Interest on Judgment Debt Retrospective Application of Statute

Case Brief

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Parties

Denney

Applicant

Hodge

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether interest on a judgment debt can be included under the Interest on Debts and Damages (Jersey) Law 1971 when the cause of action arose before the law came into force but judgment is given after

Ratio Decidendi

Interest may be included in the judgment debt if judgment is given after the Interest on Debts and Damages (Jersey) Law 1971 came into force, even if the cause of action arose earlier, and interest may be back-dated to the date the cause of action arose.

Court Disposition

interest included in judgment debt

Orders

  • Interest to be included in the judgment debt, back-dated to the date the cause of action arose.