Muir v Ann St. Brewery [1993] JLR 395 (02 December 1993)

No interest is to be ordered if the action is settled out of court prior to hearing since the court then gives no judgment; interest can only be included in the sum for which judgment is given.

Citation: [1993] JLR 395
Parties: Applicant: Muir; Respondent: Ann St. Brewery
Jurisdiction: Jersey
Judgment Date: 02 December 1993
Procedural Posture: Civil / Judgment/order on Interest After Settlement
Outcome: application for interest refused
Legal Topics: Judgments and Orders, Interest on Judgment Debt, Settlement Out of Court

Civil Procedure Judgments and Orders Interest on Judgment Debt Settlement Out of Court

Case Brief

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Parties

Muir

Applicant

Ann St. Brewery

Respondent

Procedural Posture

Civil / Judgment/order on Interest After Settlement

Legal Issues

1 Whether interest can be included in a judgment debt when the action is settled out of court prior to hearing

Ratio Decidendi

No interest is to be ordered if the action is settled out of court prior to hearing since the court then gives no judgment; interest can only be included in the sum for which judgment is given.

Court Disposition

application for interest refused

Orders

No interest to be included in judgment debt as action settled out of court prior to hearing