What does Compound interest mean? Compound interest is interest calculated on both the principal sum and any previously accrued, unpaid interest, so the interest “rolls up” over time (for example, daily, monthly or annually). In practice it arises where a contract provides for compounding, or in limited equitable or restitutionary claims. The expression is descriptive rather than defined by statute, though its availability is addressed in case law. Key features and usage: - Common in loan and facility agreements, capitalised arrears, default interest clauses and financial instruments. - Compounding materially increases the quantum of a debt or award compared with simple interest. - Drafting should state whether interest...
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This archived case hub captures the position as at the judgment dated 18 February 2022 and is no longer maintained. See further: timeline, commentary and related cases.
Outline of the CAT’s judgment concerning an application for a collective proceedings order by Mr Mark McLaren, who sought authorisation to act as class representative to bring opt-out collective proceedings under section 47(B) of the Competition Act 1998.
On 18 February 2022, the CAT handed down its judgment, holding, amongst other matters, that: (i) it is just and reasonable for the Applicant to act as class representative; and (ii) the claims qualify to be brought as collective proceedings. The Tribunal found there is an identifiable class and that the claims present common issues, particularly on passing-on, rendering them suitable for determination in collective proceedings. Consequently, the CAT granted the CPO application. That decision is, however, conditional upon the Applicant developing a plausible methodology to exclude losses attributable to certain deceased persons, and upon the hearing of submissions addressing whether sub-class matters need to be considered in relation to downstream pass-on and...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...