THE FIRST GROUP OF PARTS

PART 4 COMPANIES WINDING UP

CHAPTER 9 PROOF OF DEBTS IN A LIQUIDATION

SECTION B: QUANTIFICATION OF CLAIM

4.93 Interest
1 Where a debt proved in the liquidation bears interest, that interest is provable as part of the debt except in so far as it is payable in respect of any period after the company went into liquidation.
2 In the following circumstances the creditor's claim may include interest on the debt for periods before the company went into liquidation, although not previously reserved or agreed.
3 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.
4 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.
5 Interest under paragraph (4) may only be claimed for the period from the date of the demand to that of the company's going into liquidation.
6 The rate of interest to be claimed under paragraph (3) or (4) of this Rule is the rate specified in section 17 of the Judgments Act 1838 on the date when the company went into liquidation, except that, where the case falls within paragraph (4), the rate is that specified in the notice there referred to, not exceeding the rate under the Judgments Act mentioned above.