000 02161cad a22002415a 4500
001 L145533
008 081020e20080320xxk f v 000 0 eng d
035 _a(Sirsi) u145533
041 0 _aeng
245 0 0 _aRuttle Plant Hire Ltd v Secretary of State for Environment, Food and Rural Affairs
_h[electronic resource]
260 _c2008
520 _a[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.
590 _aKA
650 2 4 _aLATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 S4
650 2 4 _aLIVERPOOL CITY COUNCIL V IRWIN
650 2 4 _aMARLEASING SA V LA COMMERCIAL INTERNACIONAL DE ALIMENTACION SA
650 2 4 _aLISTER V FORTH DRY DOCK
650 2 4 _aRUPERT MORGAN BUILDING SERVICES (LLC) LTD V JERVIS AND ANOTHER
651 4 _aEngland and Wales
_y1543-
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/TCC/2008/730.html lzView the case free of charge at www.bailli.org...
942 _n0
999 _c80858
_d80858