Trial, judgment & interest

DR.10 — Trial, Judgment & Interest

Trial preparation & bundle

The claimant (or party directed) files a trial bundle generally not more than 7 days and not less than 3 days before trial (CPR 39.5). A party must give notice if it intends to rely on a witness statement — a witness who does not attend cannot have their statement used as evidence unless the court permits or it is agreed.

Conduct of trial; non-attendance

• Trials are normally in public (CPR 39.2).
• If no party attends, the court may strike out the claim and any counterclaim. If the claimant does not attend, it may strike out the claim; if the defendant does not attend, it may strike out the defence and decide on the claimant's evidence (CPR 39.3).
• A party who failed to attend may apply to set aside the judgment, but only if it: (a) acted promptly, (b) had good reason for non-attendance, and (c) has a reasonable prospect of success at trial — all three are required.

Judgment & interest

• Contract debts: interest is usually claimed under s.35A Senior Courts Act 1981 (High Court) / s.69 County Courts Act 1984 (County Court) — court has discretion on rate, period and whether to award. Commercial debts may instead carry interest under the Late Payment of Commercial Debts (Interest) Act 1998 (statutory rate = 8% above base; claim as of right, not discretionary).
• Judgment debts carry interest at 8% under the Judgments Act 1838 (County Court money judgments ≥ £5,000 also attract Judgments Act interest).
• PI claims: special damages attract interest (often half average special account rate); general damages for PSLA attract interest at 2% from service of proceedings.

Costs

• General rule: loser pays (CPR 44.2), but costs are always discretionary.
• Fixed recoverable costs now apply across the fast track and most intermediate-track claims.
• Track recap (CPR Part 26, renumbered, in force 6 April 2024): small claims ≤ £10,000; fast track £10,000–£25,000; intermediate track £25,000–£100,000 (introduced Oct 2023); multi-track above. Non-RTA PI small-claims PSLA sub-limit is £1,500.

Common traps

• All three CPR 39.3 limbs needed to set aside — promptness alone is not enough.
• Distinguish discretionary s.35A/s.69 interest from as-of-right Late Payment Act interest.
• Judgments Act rate (8%) is fixed; pre-judgment statutory interest rate is discretionary.
• Indemnity-basis costs (e.g. after beating a Part 36 offer) resolve doubt in the receiving party's favour and ignore proportionality.