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Simcoe v Jacuzzi UK Group plc. (2012) EWCA Civ 137. Court of Appeal (Civil Division). Lord Neuberger MR; McFarlane LJ; Hooper LJ. 16 February 2012
As the civil procedure rules (CPR) r.40.8(1) had been enacted without the agreement of the Treasury as required by the County Courts Act 1984 s.74(1), it was ineffective in the county court and the County Courts (Interest on Judgment Debts) Order 1991 applied, which stipulated that interest was to be paid from the date the order for costs was made and not the date on which the costs were subsequently assessed or agreed.
Appeal allowed
Simcoe appealed against a decision regarding the date on which interest became payable on costs that the respondent had been ordered to pay. The appellant instructed solicitors to bring a claim against the defendant and entered into a conditional fee agreement (CFA).
The matter settled and Jacuzzi agreed to pay damages and agreed costs. The judge, basing his decision on Gray v Toner (2010), awarded interest from...