A is pursuing B, seeking to recover an unpaid sum due under a contract or a loss suffered as a result of B’s breach. Issues are raised, positions taken and extensions repeated. Time passes, interest accrues and costs mount. Suddenly B concedes and pays the claimed principal. However, he only does so after years of sparring, which for A means an unpalatable legal bill, lost management time and maybe even cash flow problems.
What are the options available to A in order to recover his costs and interest for the late payment, to which he would normally be entitled, had the case gone to court? This article explores A’s options and any pre-emptive steps available to him.