Podcast Location:
Download it here [file size: 20.4 MB]
Categories:
Litigation & Dispute Resolution
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at civil practitioners, particularly those involved in valuing and pleading claims. It will address issues such as pleading and proving interest, the impact of the decision in Sempra Metals, the different means by which interest can be claimed, setting interest rates and interest periods.

Outcomes:
After completing the course you will:
  • Understand how to go about proving and pleading interest;
  • Understand the impact that the House of Lords in Sempra Metals made to claims for interest as an item of damage;
  • Be aware of the various ways by which interest can be claimed in civil proceedings;
  • Be aware of the different rates that apply to interest;
  • Be aware of the rules governing the period for which interest can be claimed.
Level:
General Interest Difficulty: 2 of 5
Classification:
Introduction
Legal Principles
Sources and References:
  • Sempra Metals Ltd v Inland Revenue Commissioners [2008] 1 AC 561;
  • Black v Davies [2004] EWHC 1464 (QB);
  • Tate & Lyle Food and Distribution v Greater London Council [1982] 1 WLR 149;
  • Westdeutsche Landesbank Girozentrale v Islington LBC [1996] AC 669;
  • s42 of the Partnership 1890;
  • s49 of the Arbitration Act 1996;
  • Late Payment of Commercial Debts (Interest) Act 1998;
  • Director-General of Fair Trading v First National Bank plc [2002] 1 AC 481;
  • s35A of the Supreme Court Act;
  • s69 of the County Court Act. ;
  • Claymore Services Limited v Nautilus Properties Ltd [2007] EW HC 805 (TCC);
  • Jaura v Ahmed [2002] EWCA Civ 210;
  • Kuwait Airways Corporation v Iraqui Airways Co [2002] 2 AC 883 CA at 896;
  • CPR 40.81;
  • CPR 16.42;
  • CPR 36.14.
Tags:

This podcast is about claiming interest (both on damages and as an item of damage of itself) in civil and commercial litigation. Following the House of Lords decision in Sempra Metals the scope of claiming interest at common law has been dramatically widened. That decision impacts all practitioners responsible for pleading a claim to recover the lost value of money.

Podcast added: 09/06/11

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