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r 39.03

Interest up to judgment

In force
Chapter 1General Rules
Part 39Interest on judgment and costs

39.03 Interest up to judgment

(1) In proceedings, the Court may order that interest is to be included in the sum for which judgment is given at the rate it considers appropriate on the whole or a part of the sum for the whole or a part of the period between the date when the cause of action arose and the date of the judgment.

(1A) Subrule (1) applies subject to Part 4 of the Personal Injuries (Liabilities and Damages) Act 2003.

(2)

Subrule (1) does not:

(a)

authorise the giving of interest on interest;

(b) apply in respect of a debt on which interest is payable as of right, whether by virtue of an agreement or otherwise; or

(c) affect damages recoverable for the dishonour of a bill of exchange.

(3)

Where:

(a) a claim is made for a debt or liquidated demand (whether or not another claim is also made in the proceedings); and

(b) the plaintiff is entitled under Part 11 to an order for default judgment on that claim,

unless the Court orders otherwise, the plaintiff may enter final judgment against the defendant for an amount not exceeding the amount claimed in the statement of claim together with interest from the commencement of the proceedings up to and including the date of judgment:

(c) on a debt that carries interest – at the rate it carries; or

(d) on any other amount – at the rate payable on a judgment debt during that time.

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