Particulars of Claim

Question 1

Under what act is Interest requested in:
(1) County Court
(2) High Court
(3) Commerical Debts

Answer 1

(1) S69 County Courts Act 1984
(2) S35A Senior Courts Act 1981
(3) Late Payment of Commercial Debts
(Interest) Act 1998

Question 2

How is interest claimed in a Commerical Debt Action?

Answer 2

‘Further, the Claimant also claims interest under s 69 County Courts Act 1984 on the sum of [£X]at the rate of 8% per annum from [DATE 1 - DATE DEBT DUE] to [DATE 2 - POC ISSUED] ([X] days) amounting to [£X]and continuing at the rate of [£X] per day until judgment or earlier payment.

Question 3

How do you calcualte the daily rate of interest?

Answer 3

(Amount owed x % rate) / 365

Question 4

How is interest claimed in a Damages action?

Answer 4

‘Further, the Claimant also claims interest under section 35A of the Senior Courts Act 1981 at such rate and for such period as the court thinks fit.’

Question 5

Re the Statement of Truth, when should the following be used:
(1) “I believe….”
(2) “The Claimant / Defendant believes…”

Answer 5

(1) C/D = PERSON
(2) C/D = COMPANY (/ or told - LAWYER SIGNING ON PERSON’s BEHALF)