The purpose of pre-judgement interest is to compensate the successful plaintiff for being deprived of their money for the period from which their claim arose until the date of judgement. Except in the case of special damages, interest must be added from the date the cause of action arose to the date of the Court Order. In this briefing note, Eden Katz and Adam Howden-Duke discuss why the mandatory nature of our legislation might be frustrating to some. They suggest that pre-judgment interest should always be part of the analysis of the ‘best alternative to a negotiated agreement’, in the resolution of any action.
November.12.2025