Administration of Justice Act 1982

• (1) Subject to subsections (2) and (3) below, nothing in Part I of this Act or paragraphs 2 to 10 of Schedule 6 to this Act applies to causes of action which accrue before its commencement.

• (2) Section 6 above and paragraph 10 of Schedule 6 to this Act shall apply to actions whenever commenced, including actions commenced before the passing of this Act.

• (3) The provisions to which this subsection applies have effect where a person has died after the commencement of Part I of this Act.

• (4) The provisions of this Act to which subsection (3) above applies are—

• (a) section 1;

• (b) section 4(2); and

• (c) paragraph 9(2) of Schedule 6.

• (5) Without prejudice to the provisions of Parts II and III of the Prescription and Limitation (Scotland) Act 1973, Part II of this Act shall apply to rights of action which accrued before, as well as rights of action which accrue after, the coming into operation of that Part of this Act; but nothing in Part II of this Act other than the repeal of section 5 of the Damages (Scotland) Act 1976 shall affect any proceedings commenced before that Part of this Act comes into operation.

• (6) Nothing in the following provisions of this Act—

• (a) section 17;

• (b) section 18(2);

• (c) sections 19 to 22;

• (d) section 75, so far as it relates—

• (i) to the Wills Act Amendment Act 1852; and

• (ii) to the Family Law Reform Act 1969,

affects the will of a testator who dies before the commencement of the provision in question.

• (7) Neither section 18(1) above nor the repeal by this Act of section 177 of the Law of Property Act 1925 affects a will made before the commencement of section 18(1) above.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) Nothing in paragraph 1 of Schedule 6 to this Act affects a cause of action accruing before that paragraph comes into force if an action in respect thereof has been begun before the paragraph comes into force.

Interest on damages-disregard for income tax purposes

74

Repeals and revocations

75

• (1) The enactments specified in Part I of Schedule 9 to this Act (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Part of that Schedule.

• (2) The instruments specified in Part II of that Schedule are revoked to the extent specified in the third column of that Part of that Schedule.

Commencement

76

• (1) The provisions of this Act specified in subsection (2) below shall come into operation on such day as the Lord Chancellor may by order appoint.

• (2) The provisions of this Act mentioned in subsection (1) above are—

• (a) section 6;

• (b) Part III;

• (c) sections 34 and 35;

• (d) sections 38 to 47;

• (e) section 54;

• (f) section 57;

• (g) section 69;

• (h) section 73(8);

• (j) section 75, so far as it relates—

• (i) to the Judicial Trustees Act 1896;

• (ii) to section 17 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937;

• (iii) to the Prevention of Fraud (Investments) Act 1958;

• (iv) to sections 99(3), 168 to 174A and 176 of the County Courts Act 1959;

• (v) to sections 1 to 16 of the Administration of Justice 1965 and Schedule 1 to that Act;

• (vi) to the Administration of Justice Act 1977; and

• (vii) to the Judicature (Northern Ireland) Act 1978;

• (k) paragraph 10 of Schedule 6; and

• (l) paragraphs 6 to 8 of Schedule 8.

• (3) The provisions of this Act specified in subsection (4) below shall come into operation on such day as the Secretary of State may by order appoint.

• (4) The provisions of this Act mentioned in subsection (3) above are—

• (a) section 12;

• (b) section 14(2);

• (c) section 48; and

• (d) section 75 above, so far as it relates to the Damages (Scotland) Act 1976.

• (5) The provisions of this Act specified in subsection (6) below shall come into operation on such day as the Lord Chancellor and the Secretary of State may by order jointly appoint.

• (6) The provisions of this Act mentioned in subsection (5) above are—

• (a) sections 23 to 25;

• (b) sections 27 and 28;

• (c) section 75, so far as it relates—

• (i) to section 126 of the Senior Courts Act 1981; and

• (ii) to Article 27 of the Administration of Estates (Northern Ireland) Order 1979.

• (7) Any order under this section shall be made by statutory instrument.

• (8) Any such order may appoint different days for different provisions and for different purposes.

• (9) The provisions of this Act specified in subsection (10) below shall come into operation on the day this Act is passed.

• (10) The provisions of this Act mentioned in subsection (9) above are—

• (a) section 32;

• (b) section 36;

• (c) section 52;

• (d) section 60;

• (e) section 64;

• (f) section 65;

• (g) this section;

• (h) section 77; and

• (j) section 78.

• (11) Subject to the foregoing provisions of this section, this Act shall come into operation on 1st January 1983.

Extent

77

• (1) Subject to subsection (6) below, the following provisions of this Act—

• (a) sections 3, 4 and 6;

• (b) Part III;

• (c) sections 17 to 22;

• (d) Part V;

• (e) sections 49 to 57;

• (f) sections 65 to 67,

extend to England and Wales only.

• (2) Sections 1, 2, 5, 39, 42 to 47, 64 and 74 above extend to England and Wales and Northern Ireland.

• (3) Part II of this Act and section 26 above extend to Scotland only and Part VI of this Act applies to Scotland only to the extent specified in section 48 above.

• (4) Part VIII of this Act extends to Northern Ireland only.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Subject to subsection (5) above, where any enactment repealed or amended or instrument revoked by this Act extends to any part of the United Kingdom, the repeal, amendment or revocation extends to that part.

Citation

78

This Act may be cited as the Administration of Justice Act 1982.

SCHEDULE 1

Part I — Section Inserted in Senior Courts Act 1981

Part II — . . .

Part III — Consequential amendment of Crown Proceedings Act 1947

Part IV

SCHEDULE 2

SCHEDULE 3

Part I — The County Court Limit

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Amendents of enactments specifying monetary limits

2

The words “the county court limit” shall be substituted for every reference to a sum of money in the enactments specified in paragraph 3 below.

3

The enactments mentioned in paragraph 2 above are—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the following provisions of other Acts—

• (i) in the Settled Land Act 1925, section 113(3);

• (ii) in the Consumer Credit Act 1974, section 139(5) (re-opening of extortionate credit agreements);

• (iii) in the Solicitors Act 1974, section 69(3) (actions for solicitors’ costs);

• (iv) in the Charging Orders Act 1979, section 1(2)(c).

4

The following subsection shall be inserted—

• (a) after section 113(3) of the Settled Land Act 1925, as section 113(3A);

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In the preceding subsection “the county court limit” means the county court limit for the time being specified by an Order in Council under section 192 of the County Courts Act 1959 as the county court limit for the purposes of that subsection.

.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

In section 1(2) of the Charging Orders Act 1979, after the word “section”, in the first place where it occurs, there shall be inserted the words “ “county court limit” means the county court limit for the time being specified in an Order in Council under section 192 of the County Courts Act 1959, as the county court limit for the purposes of this section and ”.

Part III — Power to raise County Court limit

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV — Highways

8

• (1) Sums recoverable under section 59 of the Highways Act 1980 (expenses due to extraordinary traffic) shall be recoverable in the county court . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

Part I — Section inserted in Senior Courts Act 1981

Part II — . . .

SCHEDULE 5

In the Land Registration Act 1925—

SCHEDULE 6

Abolition of actions for enticement, seduction and harbouring of child

1

No person shall be liable in tort under the law of Northern Ireland—

• (a) to a parent (or person standing in the place of a parent) on the ground only of his having deprived the parent (or other person) of the services of his or her child by raping, seducing or enticing that child; or

• (b) to any other person for harbouring the child of that other person.

Fatal accidents

2

The following paragraph shall be substituted for paragraph (2) of Article 2 of the Fatal Accidents (Northern Ireland) Order 1977—

(2) In this Order “dependant” means— (a) the wife or husband or former wife or husband of the deceased; (b) any person who— (i) was living with the deceased in the same household immediately before the date of the death; and (ii) had been living with the deceased in the same household for at least two years before that date; and (iii) was living during the whole of that period as the husband or wife of the deceased; (c) any parent or other ascendant of the deceased; (d) any person who was treated by the deceased as his parent; (e) a child or other descendant of the deceased; (f) any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time party, was treated by the deceased as a child of the family in relation to that marriage; (g) any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased; and “the deceased” has the meaning given by Article 3(2). (2A) The reference to the former wife or husband of the deceased in paragraph (2)(a) includes a reference to a person whose marriage to the deceased has been annulled or declared void as well as a person whose marriage to the deceased has been dissolved.

.

3

In paragraph (2) of Article 3 of that Order for the word “Every” there shall be substituted the words “ Subject to Article 3A(2), every ”.

4

The following shall be inserted after that Article—

(3A) (1) An action under this Order may consist of or include a claim for damages for bereavement. (2) A claim for damages for bereavement shall only be for the benefit— (a) of the wife or husband of the deceased; and (b) where the deceased was a minor who was never married— (i) of his parents, if he was legitimate and (ii) of his mother, if he was illegitimate. (3) Subject to paragraph (5), the sum to be awarded as damages under this Article shall be £3,500. (4) Where the claim is a claim for damages under this Article for the benefit of both the parents of the deceased, the sum awarded shall be divided equally between them (subject to any deduction falling to be made in respect of costs not recovered from the defendant). (5) The Lord Chancellor may by order made by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament, amend this Article by varying the sum for the time being specified in paragraph (3).

.

5

In Article 4 of that Order—

• (a) in paragraph (2), for the word “dependants” there shall be substituted the words “ persons for whose benefit an executor or administrator could have brought it ”; and

• (b) in paragraph (4), for the word “dependants” there shall be substituted the word “ persons ”.

6

• (1) The following paragraphs shall be substituted for paragraph (1) of Article 5—

(1) In the action such damages, other than damages for bereavement, may be awarded as are proportioned to the injury resulting from the death to the dependants respectively. (1A) After deducting the costs not recoverable from the defendant any amount recovered otherwise than as damages for bereavement shall be divided among the dependants in such shares as may be directed.

.

• (2) In paragraph (2), for “(1)” there shall be substituted “ (1A) ”.

• (3) In paragraph (3), for the words “In assessing damages payable to a widow in respect of the death of her husband in an action under this Order” there shall be substituted the words “ In an action under this Order where there fall to be assessed damages payable to a widow in respect of the death of her husband ”.

• (4) The following paragraph shall be inserted after that paragraph—

(3A) In an action under this Order where there fall to be assessed damages payable to a person who is a dependant by virtue of Article 2(2)(b) in respect of the death of the person with whom the dependant was living as husband or wife there shall be taken into account (together with any other matter that appears to the court to be relevant to the action) the fact that the dependant had no enforceable right to financial support by the deceased as a result of their living together.

.

• (5) In paragraph (5), for the words “the dependant’s shares” there shall be substituted the words “ any person’s share ”.

7

The following shall be substituted for Article 6—

(6) (1) In assessing damages in respect of a person’s death in an action under this Order, benefits which have accrued or will or may accrue to any person from his estate or otherwise as a result of his death shall be disregarded.

.

8

In Article 7, the words “brought for the benefit of the dependants of that person” shall be omitted.

Exclusion of section 14 of Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937

9

• (1) The following subsection shall be inserted after section 14(1) of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937 (actions to survive death)—

(1A) The right of a person to claim under Article 3A of the Fatal Accidents (Northern Ireland) Order 1977 (bereavement) shall not survive for the benefit of his estate on his death.

.

• (2) The followng paragraph shall be substituted for subsection (2)(a)—

(a) shall not include— (i) any exemplary damages; (ii) any damages for loss of income in respect of any period after that person’s death;

.

Orders for provisional damages for personal injury

10

• (1) This paragraph applies to an action under the law of Northern Ireland for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition.

• (2) Subject to sub-paragraph (4) below, as regards any action for damages to which this paragraph applies in which a judgment is given in the High Court, provision may be made by rules of court for enabling the court, in such circumstances as may be prescribed, to award the injured person—

• (a) damages assessed on the assumption that the injured person will not develop the disease or suffer deterioration in his condition; and

• (b) further damages at a furure date if he develops the disease or suffers the deterioration.

• (3) Any rules made by virtue of this paragraph may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient.

• (4) Nothing in this paragraph shall be construed—

• (a) as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs; or

• (b) as prejudicing any duty of the court under any enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty.

• (5) This paragraph shall have effect in relation to county courts in Northern Ireland as it has effect in relation to the High Court as if references in it to rules of court included references to county court rules.

• (6) In this paragraph “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

SCHEDULE 7

Part I — Section inserted in Judicature (Northern Ireland) Act 1978

Part II — Article inserted in County Courts Northern Ireland) Order 1980

Part III — Amendments Consequential on Section 69

Crown Proceedings Act 1947 (c. 44)

1

In section 24(3) of the Crown Proceedings Act 1947 as it applies in Northern Ireland in relation to Her Majesty’s Government in the United Kingdom and in relation to Her Majesty’s Government in Northern Ireland for the words from the beginning to “damages)” there shall be substituted the words “ Section 33A of the Judicature (Northern Ireland) Act 1978 and Article 45A of the County Courts (Northern Ireland) Order 1980 (which respectively empower the High Court and county courts to award interest on debts and damages) ”.

Judicature (Northern Ireland) Act 1978 (c. 23)

2

In section 31(9)(c) of the Judicature (Northern Ireland) Act 1978 for the words “section 17 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937” there shall be substituted the words “ Article 45A of the County Courts (Northern Ireland) Order 1980 ”.

County Courts (Northern Ireland) Order 1980

3

In Article 2(4) of the County Courts (Northern Ireland) Order 1980 for the words from “the power” to the end there shall be substituted the words “ Article 45A or of anything done under it ”.

SCHEDULE 8

1

The following subsection shall be added at the end of section 3 (the Court of Appeal)—

(6) Her Majesty may by Order in Council from time to time create divisions or additional divisions of the Court of Appeal or provide that any division be abolished; and any such Order in Council may contain such provision as may appear to Her Majesty to be necessary or proper for that purpose and may amend or repeal any statutory provision (including any provision of this Act) so far as it appears to Her Majesty to be necessary or expedient to do so in consequence of the Order.

.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In subsection (3) of section 53 (which applies to certain provisions relating to the Supreme Court Rules Committee to the Crown Court Rules Committee and the Crown Court rules) for the words “56(1) and (2)” there shall be substituted the words “ 56(1), (2) and (2A) ”.

5

The following subsection shall be inserted after subsection (2) of section 56 (control and publication of rules of court)—

(2A) Rules made by the Rules Committee shall be statutory rules for the purpose of the Statutory Rules (Northern Ireland) Order 1979.

.

6

In section 78(1)(a) (accounts of funds in court) for the words “Part I of the Administration of Justice Act 1965” there shall be substituted the words “ Part VI of the Administration of Justice Act 1982 ”.

7

In section 81(a)(ii) (which provides for the investment of funds in court) for the words “section 1 of the Administration of Justice Act 1965” there shall be substituted the words “ section 42 of the Administration of Justice Act 1982 ”.

8

In section 82(1) (rules regulating funds in court)—

• (a) in paragraph (b)(ii), for the words “section 1 of the Administration of Justice Act 1965” there shall be substituted the words “ section 42 of the Administration of Justice Act 1982 ”; and

• (b) in paragraph (d) for the words “section 1 of the Administration of Justice Act 1965” there shall be substituted the words “ section 42 of the Administration of Justice Act 1982 ”; and

• (c) in paragraph (i) for the words “the Public Trustee” there shall be substituted the words “ the investment manager of a common investment scheme made under section 42 of the Administration of Justice Act 1982 ”.

9

In section 85 (which provides for any default of a member of the Northern Ireland Court Service with respect to money, securities or effects in the Supreme Court or the county court or any statutory deposit to be made good by the Lord Chancellor) after the words “Lord Chancellor” there shall be added the words “ or, if and so far as it is not paid, shall be charged on and issued out of the Consolidated Fund. ”.

10

In section 91 (orders for sale, grant of injunctions and appointment of receivers by the High Court and county courts)—

• (a) in subsection (1) for the word “or”, in the third place where it occurs, there shall be substituted the word “ and ”; and

• (b) the following subsection shall be added after subsection (3)—

(4) The power of the High Court and, in matters within its jurisdiction, the county court, to grant an interlocutory injunction restraining a party to any proceedings from removing from the jurisdiction or otherwise dealing with it, assets located within the jurisdiction shall be exercisable in cases where that party is, as well as in cases where he is not, domiciled, resident or present within the jurisdiction.

.

11

The following section shall be inserted after section 94—

(94A) (1) In any proceedings to which this subsection applies a person shall not be excused, by reason that to do so would tend to expose that person, or his or her spouse, to proceedings for a related offence or for the recovery of a related penalty— (a) from answering any question put to that person in the first-mentioned proceedings; or (b) from complying with any order made in those proceedings. (2) Subsection (1) applies to the following civil proceedings in the High Court, namely— (a) proceedings for infringement of rights pertaining to any intellectual property or for passing off; (b) proceedings brought to obtain disclosure of information relating to any infringement of such rights or to any passing off; and (c) proceedings brought to prevent any apprehended infringement of such rights or to any apprehended passing off. (3) Subject to subsection (4), no statement or admission made by a person— (a) in answering a question put to him in any proceedings to which subsection (1) applies; or (b) in complying with any order made in any such proceedings, shall, in proceedings for any related offence or for the recovery of any related penalty, be admissible in evidence against that person or (unless they married after the making of the statement or admission) against the spouse of that person. (4) Nothing in subsection (3) shall render any statement or admission made by a person as there mentioned inadmissible in evidence against that person in proceedings for perjury or contempt of court. (5) In this section— “intellectual property” means any patent, trade mark, copyright, registered design, technical or commercial information or other intellectual property; “related offence”, in relation to any proceedings to which subsection (1) applies, means— (a) in the case of proceedings within subsection (2)(a) or (b)— (i) any offence committed by or in the course of the infringement or passing off to which those proceedings relate; or (ii) any offence not within sub-paragraph (i) committed in connection with that infringement or passing off, being an offence involving fraud or dishonesty; (b) in the case of proceedings within subsection (2)(c), any offence revealed by the facts on which the plaintiff relies in those proceedings; “related penalty”, in relation to any proceedings to which subsection (1) applies, means— (a) in the case of proceedings within subsection (2)(a) or (b), any penalty incurred in respect of anything done or omitted in connection with the infringement or passing off to which those proceedings relate; (b) in the case of proceedings within subsection (2)(c) any penalty incurred in respect of any act or omission revealed by the facts on which the plaintiff relies in those proceedings. (6) Any reference in this section to civil proceedings in the High Court of any description includes a reference to proceedings on appeal arising out of civil proceedings in the High Court of that description.

.

12

The following section shall be inserted after section 117—

(117A) The Lord Chancellor shall pay to any judge of the Court Appeal or of the High Court, in addition to his salary, such allowances as may be determined by the Lord Chancellor with the concurrence of the Treasury.

.

SCHEDULE 9

Part I — Repeals

Part II — Repeals

Abolition of actions for loss of services etc.

Services rendered to injured person.

Interest on lump sums in matrimonial proceedings.

Effect of marriage or its termination on wills.

Transfers from High Court to county court.

Transfers from High Court to county court.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of Part VI to Scotland.

48A

• (1) In its application to Northern Ireland this Part of this Act shall have effect subject to the following modifications.

• (2) For any reference to the Lord Chancellor substitute a reference to the Department of Justice in Northern Ireland.

• (3) For any reference to the Treasury substitute a reference to the Department of Finance and Personnel in Northern Ireland.

• (4) For any reference to the Consolidated Fund (except the reference in section 39(4A)) substitute a reference to the Consolidated Fund of Northern Ireland.

• (5) For any reference to moneys provided by Parliament (except the reference in section 39(4A)) substitute a reference to moneys provided by the Northern Ireland Assembly.

• (6) For the reference in section 45(1) to the Comptroller and Auditor General substitute a reference to the Comptroller and Auditor General for Northern Ireland.

• (7) For section 42(5) substitute—

(5) Shares in a common investment fund— (a) shall be allotted to and held by the Accountant General of the Court of Judicature of Northern Ireland, and (b) may be allotted to and held by any other person authorised by the Department of Justice in Northern Ireland.

• (8) For section 45(3) substitute—

(3) The Comptroller and Auditor General for Northern Ireland shall examine, certify and report on accounts sent to him under subsection (1) above and lay copies of them and his report on them before the Northern Ireland Assembly. (3A) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a copy of accounts or a report as it applies in relation to the laying of a statutory document under an enactment.

Orders for the maintenance of wards of court.

Power to order debtor to appear before court where attachment of earnings order is in force.

Attachment of debts

Penalties under Solicitors Act 1974

Assistance by Recorders for transaction of business of High Court.

Official referee’s business.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provisions and savings.

Consents to prosecutions under the Explosive Substances Act 1883.

Temporary vacancies in Law Commission.

Computerisation of the title register.

Interest on debts and damages.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of arbitrator to award interest.

35A

• (1) Subject to rules of court, in proceedings (when-ever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgement is given simple interest, at such rate as the court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgement, for all or any part of the period between the date when the cause of action arose and—

• (a) in the case of any sum paid before judgement, the date of the payment; and

• (b) in the case of the sum for which judgement is given, the date of the judgement.

• (2) In relation to a judgement given for damages for personal injuries or death which exceed £200 subsection (1) shall have effect—

• (a) with the substitution of “shall be included” for “may be included”; and

• (b) with the addition of “unless the court is satisfied that there are special reasons to the contrary” after “given” where first occuring.

• (3) Subject to rules of court, where—

• (a) there are proceedings (whenever instituted) before the High Court for the recovery of a debt; and

• (b) the defendant pays the whole debt to the plaintiff (otherwise than in the pursuance of a judgement in the proceedings),

the defendant shall be liable to pay the plaintiff simple interest at such rate as the court thinks fit or as rules of court may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.

• (4) Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.

• (5) Without prejudice to the generality of section 84, rules of court may provide for a rate of interest by reference to the rate specified in section 17 of the Judgments Act 1838 as that section has effect from time to time or by reference to a rate for which any other enactment provides.

• (6) Interest under this section may be calculated at different rates in respect of different periods.

• (7) In this section “plaintiff” means the person seeking the debt or damages and “defendent” means the person from whom the plaintiff seeks the debt or damages and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

• (8) Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.

In section 24(3) of the Crown Proceedings Act 1947 for the words from the beginning to “damages)” there shall be substituted the words “ Section 35A of the Supreme Court Act 1981 and section 97A of the County Courts Act 1959 (which respectively empower the High Court and county courts to award interest on debts and damages) and section 3 of the Law Reform (Miscellaneous Provisions) Act 1934 (which empowers other courts of record to do so) ”.

Power of arbitrator to award interest.

19A

• (1) Unless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the arbitrator or umpire may, if he thinks fit, award simple interest at such rate as he thinks fit—

• (a) on any sum which is the subject of the reference but which is paid before the award, for such period ending not later than the date of the payment as he thinks fit; and

• (b) on any sum which he awards, for such period ending not later than the date of the award as he thinks fit.

• (2) The power to award interest conferred on an arbitrator or umpire by subsection (1) above is without prejudice to any other power of an arbitrator or umpire to award interest.

UNIFORM LAW ON THE FORM OF AN INTERNATIONAL WILL

Article 1

Article 2

This law shall not apply to the form of testamentary dispositions made by two or more persons in one instrument.

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

In the absence of any mandatory rule pertaining to the safekeeping of the will, the authorized person shall ask the testator whether he wishes to make a declaration concerning the safekeeping of his will. If so and at the express request of the testator the place where he intends to have his will kept shall be mentioned in the certificate provided for in Article 9.

Article 9

The authorized person shall attach to the will a certificate in the form prescribed in Article 10 establishing that the obligations of this law have been complied with.

Article 10

CERTIFICATE

Article 11

The authorized person shall keep a copy of the certificate and deliver another to the testator.

Article 12

In the absence of evidence to the contrary, the certificate of the authorized person shall be conclusive of the formal validity of the instrument as a will under this Law.

Article 13

The absence or irregularity of a certificate shall not affect the formal validity of a will under this Law.

Article 14

The international will shall be subject to the ordinary rules of revocation of wills.

Article 15

In interpreting and applying the provisions of this law, regard shall be had as to its international origin and to the need for uniformity in its interpretation.

Administrative and clerical expenses of garnishees.

40A

• (1) A sum may be prescribed which, before complying with an order made in the exercise of the jurisdiction mentioned in section 40(2)—

• (a) any deposit-taking institution; or

• (b) any such institution of a prescribed description,

may deduct, subject to subsection (2) below, towards the clerical and administrative expenses of complying with the order, from any money which, but for the deduction, would be attached by the order.

• (2) The prescribed sum may not be deducted or, as the case may be, retained in a case where, by virtue of section 40 of the Bankruptcy Act 1914 or section 325 of the Companies Act 1948 or otherwise, the creditor is not entitled to retain the benefit of the attachment.

• (3) In this section—

• “deposit-taking institution” has the meaning assigned to it by section 40(6); and

• “prescribed” means prescribed by an order made by the Lord Chancellor.

• (4) An order under this section—

• (a) may make different provision for different cases; and

• (b) without prejudice to the generality of paragraph (a) of this subsection, may prescribe sums differing according to the amount due under the judgment or order to be satisfied.

• (5) Any such order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

In the Land Registration Act 1925—

Power of High Court to award interest on debts and damages.

33A

• (1) Subject to rules of court, in proceedings (whenever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and—

• (i) in the case of any sum paid before judgment, the date of the payment; and

• (ii) in the case of the sum for which judgment is given, the date of the judgment.

• (2) Subject to rules of court, where—

• (a) there are proceedings (whenever instituted) before the High Court for the recovery of a debt; and

• (b) the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings).

the defendant shall be liable to pay the plaintiff simple interest at such rate as the court thinks fit or as rules of court may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.

• (3) Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.

• (4) Without prejudice to the generality of section 55, rules of court may provide for a rate of interest by reference to a rate for which any other enactment provides.

• (5) Interest under this section may be calculated at different rates in respect of different periods.

• (6) In this section “plaintiff” means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damages.

• (7) Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.

Interest on debts and damages

45A

• (1) Subject to county court rules, in proceedings (whenever instituted) before a county court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as county court rules may provide, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and—

• (i) in the case of any sum paid before judgment, the date of the payment; and

• (ii) in the case of the sum for which judgment is given, the date of the judgment.

• (2) Subject to county court rules, where—

• (a) there are proceedings (whenever instituted) before a county court for the recovery of a debt; and

• (b) the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings).

the defendant shall be liable to pay the plaintiff simple interest at such rate as the court thinks fit or as county court rules may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.

• (3) Interest in respect of a debt shall not be awarded under this Article for a period during which, for whatever reason, interest on the debt already runs.

• (4) Interest under this Article may be calculated at different rates in respect of different periods.

• (5) In this Article “plaintiff” means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damage.

• (6) Nothing in this Article affects the damages recoverable for the dishonour of a bill of exchange.

Editorial notes