Legal Cost Specialists

Motto v Trafigura dead, long live Simcoe v Jacuzzi UK Group

Those holding their breath for the Court of Appeal to rule on the date from which interest runs, in the case of Motto v Trafigura, needn’t have bothered. The parties have compromised the case and the appeal will not go ahead.

However, all is not lost. The Court was due to hear another case on the same issue on the same date (30/1/12), Simcoe v Jacuzzi UK Group plc, and that appeal remains live. Simcoe concerns interest in the County Court, rather than interest in the High Court (as in Motto), and the rules are somewhat different between the two courts. However, it can be anticipated that the judgment will be wide enough to provided clarity across the board.

7 thoughts on “Motto v Trafigura dead, long live Simcoe v Jacuzzi UK Group”

  1. I think the word you’re searching for is “confidential”.

    Like .. er … pretty much every settlement I’ve been involved in.

    Hopefully the Simcoe case will sort out the interest position though (but I suspect not regarding the “CFA lite” point that was the issue in Motto)

  2. Not quite sure why Andy suspects the CFA ‘lite’ point not to be live. As I understand it the CFA in Simcoe is, in effect, a CFA ‘lite’ and the point is very much live. The Defendants seems to be mounting the broadest possible attack on payment of interest from date of costs order, whether the case is a CFA case, CFA ‘lite’ case or non CFA case.
    The biggest difference, perhaps, is that Simcoe does not have the unfortunate distraction that Trafigura did of the CFA, for some unknown reason, not including a clause providing for interest to be paid over to the solicitor.

  3. Hmmm the interest point rumbles on, why? because interest is profit for the Solicitor. If the client is never realistically going to have to put his hands in his own pocket for his legal services then why should a Defendant pay interest on costs? Particularly nowadays when a Part 36 offer can be accepted years after it is made? ludricous stance by greedy Claimants. Bring on MOJ reforms which bite (not a watered down amendments to appease unions or people with more than one finger in the pie). These people are milking the system so much that even the cow wants a break!

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