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The County Courts (Interest on Judgment Debts) Order 1991, SI 1991/1184 is to be amended so as to align with the provisions with rule 40.8 of the Civil Procedure Rules 1998 (CPR 40.8) as that rule applies to the County Court. The amendments are set out in the County Courts (Interest on Judgment Debts) (Amendment) Order 2019, SI 2019/903 and come into force on 27 May 2019.
CPR 40.8 enables the court to order judgment debt interest to run from the date of the judgment or a different, including earlier, date; but under article 2 of the 1991 Order, in the County Court judgment debt interest can only run from the date of the judgment or, if the amount of the judgment debt is to be determined at a later date, from that later date. The amendments will ensure that the County Court has the more flexible powers envisaged by CPR 40.8.
The amendments to The County Courts (Interest on Judgment Debts) Order 1991, SI 1991/1184 will enable the court to order interest on a judgment debt to run from a different date than the date when the judgment is given or the amount of the judgment is determined. The date could be from a date which is before the date of the judgment.
SI 1991/1184, art 2, is amended to:
• qualify the general rule as set out in SI 1991/1184, art 2, paras (1), (2) by adding at the end of each of SI 1991/1184, art 2, paras (1), (2) the rider that they operate ‘unless the court orders otherwise’
• insert a new paragraph (2A) which provides that court may order interest to run from a date earlier than the date on which the judgment in question was delivered
This news item was first published for LexisNexis subscribers on 3 May 2019.
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