The Civil Procedure Rules 1998

Interest E+W

12.6—(1) A default judgment on a claim for a specified amount of money obtained on the filing of a request may include the amount of interest claimed to the date of judgment if—

(a) the particulars of claim include the details required by rule 16.4;

(b) where interest is claimed under section 35A of the Supreme Court Act 1981(1) or section 69 of the County Courts Act 1984(2), the rate is no higher than the rate of interest payable on judgment debts at the date when the claim form was issued; and

(c) the claimant’s request for judgment includes a calculation of the interest claimed for the period from the date up to which interest was stated to be calculated in the claim form to the date of the request for judgment.

(2) In any case where paragraph (1) does not apply, judgment will be for an amount of interest to be decided by the court.

(Rule 12.7 sets out the procedure for deciding the amount of interest)

Commencement Information

I1 Rule 12.6 in force at 26.4.1999, see Signature

(1)

1981 c. 54. Section 35A was inserted by the Administration of Justice Act 1982 (c. 53), section 15(1), Schedule 1, Part I.

(2)

1984 c. 28. Section 69 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 46.