Ruttle Plant Hire Ltd v Secretary of State for Environment, Food and Rural Affairs [electronic resource]
Language: English Publication details: 2008Subject(s):- LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 S4
- LIVERPOOL CITY COUNCIL V IRWIN
- MARLEASING SA V LA COMMERCIAL INTERNACIONAL DE ALIMENTACION SA
- LISTER V FORTH DRY DOCK
- RUPERT MORGAN BUILDING SERVICES (LLC) LTD V JERVIS AND ANOTHER
- England and Wales -- 1543-
- MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 145533-2001 |
[2008] EWHC 730 (TCC) , 20 March 2008. The case turned around whether a company is entitled to late-payment interest on its full debt where it had only invoiced a debtor for part of the debt and its partial invoice did not amount to sufficient notice of the full amount of the debt under the Late Payment of Commercial Debts (Interest) Act 1998. The Department of State for Environment, Food and Rural Affairs (D), contracted with Ruttle Plant Hire Ltd (R) for it to control an outbreak of swine disease and perform necessary cleansing and disinfection. The claimant (R), sent invoices to (D), for an amount of 65% of the total amount claimed. The judge was to determine the appropriate rates for payment and the rates for late payment if applicable. "Held": (D)'s expert calculation of rates is reasonable. (D) should have given valid notices of off-hire. The idle rate was applicable for the seven-day notice period. Notice of the amount of debt was necessary under the Late Payment of Commercial Debts (Interest) Act 1998. Interest on the unclaimed 35% started to run on the day of formal notice of these 35% left unpaid by (R) to (D). The penal rate should be set at base rate plus 2 per cent.