Claymore v Nautilus Properties
Citation: BLR 452 TCC and  EWHC 805 (TCC)
Nature of case:
The court has discretion to disallow interest on judgment sums or to vary the rates downward and could exercise that discretion if it was the claimant whose unreasonable delay in commencing or undertaking proceedings increased the length of time before it got its award of damages. However, the court must be realistic about what can be expected of litigants, where they are businesses who cannot simply abandon work to litigate. What is reasonable/unreasonable conduct will depend on the circumstances; the court should also bear in mind that the defendant has use of the money while the claim is delayed.