Blue Autumn Ltd v Glenview Nursing Home [2013] NICty 3 (10 January 2013)

Blue Autumn Ltd v Glenview Nursing Home [2013] NICty 3 (10 January 2013)

Statutory compensation becomes payable once statutory interest begins to run, even if all interest is subsequently remitted; there is no express provision for remission of compensation under Section 5A.

Citation
[2013] NICty 3
Parties
Claimant/appellant: Blue Autumn Limited; Defendant/respondent: Glenview Nursing Home
Jurisdiction
Northern Ireland
Judgment Date
10 January 2013
Procedural Posture
Small Claims Court Appeal / Appeal From District Judge
Outcome
Appeal allowed
Legal Topics
Late Payment of Commercial Debts, Statutory Interest, Statutory Compensation
Commercial Law Late Payment of Commercial Debts Statutory Interest Statutory Compensation

Case Brief

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Parties

Blue Autumn Limited

Claimant/appellant

Glenview Nursing Home

Defendant/respondent

Procedural Posture

Small Claims Court Appeal / Appeal From District Judge

Legal Issues

  1. 1 Is statutory compensation under Section 5A of the Late Payment of Commercial Debts (Interest) Act 1998 payable when all statutory interest has been remitted?

Ratio Decidendi

Statutory compensation becomes payable once statutory interest begins to run, even if all interest is subsequently remitted; there is no express provision for remission of compensation under Section 5A.

Court Disposition

Appeal allowed

Orders

  • Respondent to pay £3,000 to the Appellant