BANK OF ATHENS v. ROYAL EXCHANGE ASSURANCE. [THE "EFTYCHIA."]

(1938) 60 Ll L Rep 92

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Law Reform (Miscellaneous Provisions) Act, 1934 - Interest on judgment - Claim by mortgagees under policy on ship-Alleged loss by sea perils-Payment on account by insurers in February, 1933-Subsequent refusal to make further payments - Action brought by mortgagees-Decision of learned Judge in February, 1937 (subsequently affirmed by C.A.) that vessel was wilfully stranded at instigation of owner-Consent by mortgagees to judgment in favour of insurers and to repayment of amount paid on account -Claim by insurers to interest under Sect. 3 (1) of Act, which came into force in July, 1934-Whether Act retrospective -"(1) In any proceedings tried in any Court of record for the recovery of any debt or damages, the Court may, if it thinks fit, order that there shall be included in the sum for which judgment is given interest at such rate as it thinks fit on the whole or any part of the debt or damages for the whole or any part of the period between the date when the cause of action arose and the date of the judgment . . ."