Beetlejuice vs MBNA

[beetlejuice]

Thanks - Do you/anyone think I need to mention Compound interest at all in the argument at this stage?

 

BJ ??

[steven4064]

You certainly need to mention it in paragraph 8 - what you are claiming. And I think it would be worth saying something to 'set the scene' for why you are claiming it in section 7. What about something like:

7. The Claimant avers that, by this action, the Defendant has sought to enrich itself by the consequences of unlawful action, specifically, unlawful penalty charges as detailed above and applied in terrorem. In addition, during the period of enrichment, the Defendant had the opportunity to use the money so obtained to further enrich itself in the course of its (the Defendant's) normal business.

[beetlejuice]

Steve,

 

I've added.

 

7 b) the claimant claims compound interest as restitution based on unjust enrichment, in the recent case, in a claim Sempra Metals vs Inland Revenue, it was argued that simple interest is an artificial construct which has no relation to the way money is obtained or turned to account in the real world. The Defendant had the opportunity to turn the money to account in the course of it’s (the defendant’s) normal business, this opportunity was denied the claimant and so the claimant should rightly be compensated on this principle.

 

 

what do you/anyone think

 

BJ

[steven4064]

Seems to read OK and cover the basic principles.