Interest on Debts and Damages (Jersey) Law 1996

Revised Edition

07.490

Showing the law as at 31 August 2004

This is a revised edition of the law

Interest on Debts and Damages (Jersey) Law 1996

Arrangement

Article

1            Interpretation

2            Interest

3            Citation

Supporting Documents

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References



Interest on Debts and Damages (Jersey) Law 1996

A LAW to enable the Royal Court and the Petty Debts Court to award interest in any proceedings for the recovery of any debt or damages

Commencement [see endnotes]

1      Interpretation

In this Law –

“Court” means the Royal Court or the Petty Debts Court, as the case may be;

“defendant” means the person from whom the plaintiff seeks the debt or damages;

“judgment debt” includes any sum of money ordered to be paid by a Court on giving judgment including any costs, charges or expenses;

“plaintiff” means the person seeking the debt or damages.

2      Interest

(1)    Subject to paragraph (4), in any proceedings, whenever instituted, for the recovery of any debt or damages, the Court may, if it thinks fit, order that there shall be included in the sum for which judgment is given simple interest at such rate as it thinks fit on the whole or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for the whole or any part of the period between the date on which the cause of action arose and –

(a)     in the case of any sum paid before judgment, the date of the payment; and

(b)     in the case of a sum for which judgment is given, the date of the judgment.

(2)    Subject to paragraph (4), every judgment debt shall carry simple interest at such rate as the Court thinks fit for the whole or any part of the period from the date of the judgment until such later date, not being a date later than the date on which the judgment is satisfied, as the Court shall think fit and payment of such interest shall be enforceable by the Viscount as if it is a part of the judgment debt without the necessity for any further action or proceedings by the plaintiff.

(3)    Subject to paragraph (4), where –

(a)     there are proceedings (whenever instituted) before the Court for the recovery of a debt or damages; and

(b)     the defendant pays the whole debt or damages to the plaintiff (otherwise than in pursuance of a judgment in the proceedings),

the Court may, if it thinks fit, order that the defendant pay the plaintiff simple interest at such rate as it thinks fit on all or any part of the debt or damages for all or any part of the period between the date when the cause of action arose and the date of the payment.

(4)    Interest shall not –

(a)     be ordered in respect of a debt under paragraph (1) or (3); or

(b)     run in respect of a judgment debt under paragraph (2),

for a period during which, for whatever reason –

(i)     in the case of paragraph (a), interest on the debt already runs;

(ii)    in the case of paragraph (b), interest on the sum representing the judgment debt already runs.

(5)    Interest under this Article may be calculated at different rates in respect of different periods.

(6)    In determining whether an amount exceeds the limit specified in the Loi (1891) sur la Cour pour le recouvrement de menues dettes[1] no account shall be taken of the provisions of this Article or of anything done under it.

3      Citation

This Law may be cited as the Interest on Debts and Damages (Jersey) Law 1996.

Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Interest on Debts and Damages (Jersey) Law 1996



L.8/1996



1 July 1996 (R&O.8943)



Table of Renumbered Provisions



Original



Current



1(1)



1



(2), (3), (4)



spent, omitted from this revised edition



3



spent, omitted from this revised edition



4



3



Table of Endnote References



[1]



chapter 07.210