PI Practitioner – each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area


Interest

Davies v Inman [1999] PIQR Q26

That Court of Appeal set out that, save in a case where there are special reasons not to, there is a ‘presumption that interest is to be awarded on compensation arising from personal injuries’.

Headford v Bristol and District Health Authority [1995] PIQR] P180

The court that determines whether there are such special reasons is the court that awards interest – that is to say it is not for another court to tie the trial judge’s hands.

Hobin v Douglas (No 1) [[1998] CLY 1431

Though it is normally considered that the ‘half rate over the whole period’ approach set out in Jefford v Gee is the best way to calculate interest on Special Damages, Roch LJ set out in this case that a judge is free to depart from that method if another method of calculation would produce a fairer and more accurate result.

May 28, 2011 В· Editorial Team В· Comments Closed
Posted in: Cases