How to use the interest on costs calculator
- Enter the order. The court, what gave the right to costs, the date of the order (or of acceptance), and the costs.
- Set the dates. Interest runs from the order unless the court ordered another date; calculate to today or another date.
- Set the rate. 8% under the Judgments Act, with any period at a rate the court set before judgment interest starts, or for enhanced interest, including Bank Rate plus a margin.
- Add any payments. Each payment on account or other payment, with its date, and in the High Court how payments are applied.
- Read the figures. The interest, what is outstanding, the daily rate now, and every period with its days, rate and payments.
- Copy them. Copy the figures and the period table for a letter, the bill or the file.
When interest on costs starts
Under the incipitur rule an order for costs is a judgment debt from the day it is made, so interest runs from then even though the amount is fixed later by agreement or assessment (Simcoe v Jacuzzi UK Group plc [2012] EWCA Civ 137). Where one bill covers orders with different dates, the interest has to be worked out for each.
| Order or event | Interest runs from | Authority |
|---|---|---|
| Order for costs to be assessed if not agreed | The date of the order | CPR 40.8; Hunt v R M Douglas |
| Order for costs of a stated sum (summary assessment) | The date of the order; in the County Court, the date for payment where the order sets one (our reading) | CPR 40.8; 1991 Order art 3(a) |
| Part 36 offer accepted within the relevant period, after the claim was issued | The date of acceptance | CPR 44.9(4) |
| Part 36 offer accepted before the claim was issued | No deemed order: the date of the order in costs-only proceedings | CPR 44.9(2); CPR 46.14 |
| Part 36 offer accepted late, or less than 21 days before trial | The date of the court’s order on costs | CPR 36.13(4) and (5) |
| Settlement approved by the court (child or protected party) | The date of the approval order | CPR 21.10; CPR 36.14(4) |
| Claim discontinued (the defendant’s costs) | The date the notice of discontinuance was served | CPR 38.5(1), 38.6; CPR 44.9(1)(c) and (4) |
| Costs of the detailed assessment proceedings | The date of the default, interim or final costs certificate | CPR 47.20(6) |
| The court ordered another date | The date ordered | CPR 40.8; CPR 44.2(6)(g) |
The rate, and what the court can change
The judgment rate has been 8% a year since 1 April 1993 (S.I. 1993/564). It is set by the Secretary of State, and the court has no power to alter it (Horne v Prescot (No 1) Ltd [2019] EWHC 1322 (QB)). What the court can change is when interest runs: from or until a particular date, including a date before judgment (CPR 44.2(6)(g); CPR 40.8). For a period before judgment interest starts, such as from when the costs were incurred, the court can award interest at a rate it decides, often a margin over Bank Rate, and it can postpone judgment interest and set a rate until then: in Involnert Management Inc v Aprilgrange Ltd [2015] EWHC 2834 (Comm) the court ordered Base Rate plus 2% until three months after the orders for costs, and 8% after that (see also Secretary of State for Energy and Climate Change v Jones [2014] EWCA Civ 363). That is routine in commercial cases, but under a conditional fee agreement the client has usually paid little before the order beyond some disbursements. Enhanced interest on costs after a claimant’s Part 36 offer is beaten is ordered unless the court considers it unjust, at a rate it decides of up to 10% above Bank Rate (CPR 36.17(4)(c)). The calculator never suggests a rate: enter the periods the court ordered, with 8% from the date judgment interest starts.
The County Court: £5,000 and the exceptions
Under section 74 of the County Courts Act 1984 and the County Courts (Interest on Judgment Debts) Order 1991, as amended, a County Court judgment or order carries interest only if it is for £5,000 or more, or for a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998. Interest then runs on the unpaid balance until it is paid. There is no interest on a judgment on a regulated consumer credit agreement, or on a suspended order for possession of a dwelling-house obtained by a landlord or a mortgagee; interest on an order payable by instalments runs only on an overdue instalment; and it stops when enforcement in the County Court produces a payment, or while an attachment of earnings or administration order is in force. Since 27 May 2019 the County Court can also order interest to run from another date. Where the Crown must pay, as the Ministry of Defence does in military hearing loss claims, section 24(1) of the Crown Proceedings Act 1947 applies section 17 of the Judgments Act 1838 to judgment debts due from the Crown, which arguably gives 8% on costs below £5,000 too, though section 24(2), on interest on costs, refers to costs awarded in the High Court. The calculator gives the 1991 Order answer and shows the section 17 figure beside it; and because no execution runs against the Crown (section 25(4)), the enforcement stops do not apply.
Payments on account
In the County Court a payment is applied to the principal first and then to the interest (1991 Order art 6(2)). In the High Court no rule decides how a part payment is applied to interest on costs. Costs practice deducts payments on account from the costs; the Court of Appeal has approved applying part payments to interest first as a rule of thumb (Evonik UK Holdings Ltd v HMRC [2025] EWCA Civ 1392). An agreement between the parties, or what the payer said the payment was for, decides it. The calculator applies payments to the costs first and shows the figure the other way.
Daily interest and leap years
The calculator counts the days after the start date up to and including the end date, and divides the yearly interest by 365 without rounding the daily figure first (GOV.UK’s own example rounds it and so overstates the interest). In Lomas v Burlington Loan Management Ltd [2015] EWHC 2269 (Ch) the court held that a judgment creditor is entitled to 8% for each complete year whether or not it is a leap year, so a year of interest that contains 29 February is divided by 366. The calculator follows that by default and shows the 365-day figure beside it.
Starting detailed assessment late
Detailed assessment must be started within 3 months of the judgment, order or other event giving the right to costs (CPR 47.7). If it is started later, or the hearing is requested late, the court may disallow all or part of the interest otherwise payable (CPR 47.8(3) and 47.14(4)). Enter the date the notice of commencement was served to see the interest for the late period. Our detailed assessment deadline calculator gives the full timetable.
Related tools
Sources
- Judgments Act 1838, section 17 and the Judgment Debts (Rate of Interest) Order 1993
- County Courts Act 1984, section 74 and the County Courts (Interest on Judgment Debts) Order 1991, as amended (latest by S.I. 2019/903)
- Crown Proceedings Act 1947, section 24
- Civil Procedure Rules Part 36, Part 40, Part 44 and Part 47
- Simcoe v Jacuzzi UK Group plc [2012] EWCA Civ 137; Horne v Prescot (No 1) Ltd [2019] EWHC 1322 (QB); Involnert Management Inc v Aprilgrange Ltd [2015] EWHC 2834 (Comm); Secretary of State for Energy and Climate Change v Jones [2014] EWCA Civ 363; Lomas v Burlington Loan Management Ltd [2015] EWHC 2269 (Ch); Evonik UK Holdings Ltd v HMRC [2025] EWCA Civ 1392; Hunt v R M Douglas (Roofing) Ltd [1990] 1 AC 398
- Bank of England: Bank Rate history