Yao Essaie Motto & Ors v Trafigura Ltd & Anor - Part 2

In a follow up to the substantial decision by Master Hurst, a further judgement has been given relating to the recoverability of interest. Given the fact that interest was potentially accruing at £800,000 per annum, this was a most important point following on from Gray v Toner.

Master Hurst ruled that in a CFA funded case, interest on costs should not begin to run until costs have been assessed, rather than the earlier date when judgment is given. His decision was based on different reasons to that of HHJ Stewart in Gray v Toner.

Both parties have indicated that the decision is likely to be appealed.

The question that parties need to ask is does your CFA permit recovery of interest in light of the above judgement. Contact us on 01228 63 55 45 to obtain impartial advice on the point. See our website for further information on our services