PARTS 1 TO 4 COMPANY INSOLVENCY; COMPANIES WINDING UP

PART 4 COMPANIES WINDING UP

CHAPTER 9 PROOF OF DEBTS IN A LIQUIDATION
SECTION B: QUANTIFICATION OF CLAIM

4.099 Interest
1 In the circumstances described in paragraphs (2) and (3), and subject to paragraph (4), the creditor's claim may include interest on the debt for periods before the company went into liquidation, although not previously reserved or agreed.
2 If the debt is due by virtue of a written instrument, and payable at a certain time, interest may be claimed for the period from that time to the date when the company went into liquidation.
3 If the debt is due otherwise, interest may only be claimed if, before that date, a demand for payment of the debt was made in writing by or on behalf of the creditor, and notice given that interest would be payable from the date of the demand to the date of payment.
4 Interest under paragraph (3) may only be claimed for the period from the date of the demand to that of the company's going into liquidation and for all the purposes of the Order and the Rules shall be chargeable at a rate not exceeding that mentioned in paragraph (5).
5 The rate of interest to be claimed under paragraphs (2) and (3) is the rate applicable to a money judgment of the High Court on the date when the company went into liquidation.
[E.R.4.93]