The Gazette 1967/71

which amendment obliges the Court to award interest but does not alter the principles which the Courts should apply under the 1934 Act. 1. Interest should be awarded to a plaintiff not as compensation but for being kept out of money which ought to have been paid to him. 2. On special damages interest should ordinarily be awarded on the total sum of the special damages from the date of accident until date of trial at half the appropriate rate of interest allowed on the general damages. Any recovery of special damage from some other quarter should be taken into account in awarding the interest. 3. On damages for loss of future earnings no interest should be awarded because a plaintiff will not have been kept out of any money but on the contrary will have received it on advance. 4. On damages for pain and suffering and loss of amenities interest should be awarded at the appro priate rate from the date of service of the writ to the date of trial. 5. On damages under the Fatal Accidents Acts and for loss of expectation of life under the Law Reform (Miscellaneous Provisions (Act) 1934 interest should be awarded at the appropriate rate from the date of service of the writ to the date of trial. 6. The appropriate rate of interest on general damages should be the rate allowed on money in Court placed on short term investment account and the rate should be taken as the average rate so allowed over the period for which interest is awarded. 7. To carry out the 1934 Act as amended, the Court should itemise the damages and the judgment should state the rate of interest and the period for which it is awarded. The interest should be stated as a gross sum without deducting tax. 8. Payment into Court should be made as before without regard to interest. If a plaintiff recovers more than the payment in, apart from interest, he will get his costs and if he recovers no more than the payment in, apart from interest, he will not get his costs from the date of payment in and will have to pay the defendant's costs. In either case a plain tiff will get the appropriate award of interest irrespective of the payment in but if he takes the money out of Court in satisfaction of his claim he will not be entitled to interest under the 1934 Act as there will have been no judgment. 9. In exceptional cases, e.g., of gross delay the Court may diminish or increase the award of interest or alter the period for which it is allowed. One effect of this judgment is that it is incumbent on a plaintiff who claims damages for pain and suffering and his Solicitor to institute proceedings at the earliest possible date as interest will run only from the date of service of the writ. There are possibilities of actions for negligence against Solicitors under this head where there is unnecessary delay in the institution of proceed ings. The whole law and practice on this matter in Ireland requires investigation and amendment. It would be appropriate in connection with the pending Courts of Justice Bill to confer greater power on the rule making authority to fix the rates of interest and to make rules of court which would alter the present balance to pro duce a more equitable result for claimants. 68

benefits and conditions as to work on the land as exist amongst nationals of the country to which they have migrated. 9. Transport legislation is not on the same footing as that of agriculture, as legislation in this realm tends to simplify the customs procedure as much as possible, in order that the foreign buyer may obtain the goods ordered as quickly as possible, but much remains to be done. 10. The French Agricultural Credit Corporation was established in 1920 on a local, regional and national basis and since 1950 has advanced much more funds to farmers to improve agriculture than any banks. It grants long term loans at 4.5% and short term loans at 7%. 11. Although there is a tendency in the continent at the moment to have a milk surplus, if the policy of disposing of cattle is pursued, this will soon cease. There is also likely to be a shortage of pigs in the Common Market. Furthermore there are great differences in agricultural methods in the various parts of France, Germany and Italy. 12. Despite the aims of the European Commission in Brussels, it is not possible to obliterate com pletely national characteristics, and to produce a completely unified Common Market, unless broad principles are agreed upon. Since the decision of the English Court of Appeal in Jefford and another v. Gee (1970 1 ALL E.R 1202) the English practice has differed from practice in Ireland in regard to the award of interest on damages. Success ful plaintiffs in common law proceedings for damages have a substantial grievance in that it may well pay a wealthy defendant to lodge notice of appeal which may take a year to come to hearing during which period he will have the use of the plaintiff's money (assuming that the appeal is successful) at a very low rate of interest having regard to current financial conditions. Under Order 58, rule 21 of the rules of the Superior Courts 1962 on an appeal from the High Court interest for such time as execution has been delayed by the appeal shall be allowed unless the Supreme Court otherwise orders and the Taxing Master or other proper officer may compute such interest without any order for that pur pose. This rule relates only to appeals to the Supreme Court and interest will be at 4 per cent, which is inade quate. It would be fairer to allow interest at current bank rate. A case can be made for the allowance of interest on the amount of the damages in the event of a verdict for the plaintiff from the date of institution of proceedings, having regard to the delays which may occur owing to pressure of business in some Courts or caused by the tactics of defendants. The following principles were laid down by the English Court of Appeal in the case of Jefford and another v. Gee mentioned above under the Law Reform (Miscellaneous provisions) Act 1934 as amended by Section 22 of the Administration of Justice Act 1969 INTEREST ON DAMAGES