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26 May 2017
Issue: 7747 / Categories: Features , Civil way , Procedure & practice
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Civil way: 26 May 2017

Guess the interest rate; coughing gender pay; Ooops; & enforcement tort.

OF INTEREST

Generally, the Commercial Court has historically awarded pre-judgment interest at base rate plus 1%, looking at the rate at which the successful party could borrow commercially. But its guide tells us that these days, there is no presumption that this is the appropriate measure of a commercial rate of interest. In Kitcatt and others v MMS UK Holdings Ltd and another [2017] EWHC 786 (Comm) the claimants had collected a judgment for £2.6m. They ambitiously sought interest at base plus 5%, relying on Attrill v Dresdner Kleinwort Ltd [2012] EWHC 1468 (QB) where non-commercial claimants secured base plus 5% and Reinhard v Ondra LLP [2015] EWHC 2943 (Ch) in which base plus 3% was awarded. Males J gave them base plus 2%. The rates at which a commercial concern would be able to borrow were not available to the claimants as individuals. However, they were successful business people who might be able to achieve a better rate than some other individual claimants.

The claimant in Perry v Raleys Solicitors [2017]

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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