- Contractual interest included in calculating Part 36 'additional amount' (Bolt Burdon Solicitors v Tariq)
- Practical implications
- What was the Part 36 additional amount issue?
- Why did the judge conclude that the additional amount should be calculated on the money award including the contractual interest awarded?
- Was inclusion of contractual interest when calculating the additional amount unjust?
- Court details
Dispute Resolution analysis: In calculating the amount of the ‘additional award’ payable to the claimant under CPR 36.17(4)(d), Spencer J included within the sum on which the amount is calculated both the money award and the contractual interest awarded. In so doing, he distinguished the decision of HHJ Purle QC in Watchorn, applied statutory interpretation to CPR 36.17(4) and considered the ‘justness’ of the award in all the circumstances.
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