We therefore conclude that it is open to a trial judge fixing the rate of prejudgment interest on damages in a tort action to take into account the fact that inflation to the trial date is reflected in the award. There may be other factors which may also affect the rate. Similarly there may be cases where a reduction on this account would be inappropriate. As Eveleigh L.J. stated in Birkett v. Hayes at p. 714, “What is appropriate must be determined in the light of all the relevant circumstances at the date of trial”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.