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Prejudgment interest: Challenges and solutions

Tuesday, June 26, 2018 @ 8:52 AM | By Jeff Pellarin

While the prejudgment interest (PJI) regime varies from jurisdiction to jurisdiction, all regimes have one thing in common — the rates are remarkably low, presently generally in the one per cent range, and without compounding.

As a result, PJI is often regarded as little more than an afterthought. However, the opposite should be true. Actions take longer than ever to come to trial, with commercial cases of moderate (or more) complexity commonly bearing breach-to-trial periods of five to seven or even 10 years.

These long “holding...