All too frequently, adjudicators are presented with claims which include a request for interest on the amount determined at the rate of 8.4% under the Judicature Act, or similar.  This gives rise to the vexed question of whether or not there is a common law right to claim interest, and if so, what interest rate is to be used, and how is it to be applied. It has been a long standing rule at English law that in the absence of any agreement, the court has no power to award interest as general damages. [1]  In other words, as compensation for the late payment of a debt or damages.[2] This has lead to the mantra that there is no freestanding right for adjudicator to award interest gaining considerable authority, by repetition if nothing more. However, this is not the entire picture. This paper, published in March 2009, examines the ability to claim interest, particularly as it applies to adjudications under the Construction Contracts Act 2002.

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