No Separate Claim For Interest Needed When Increasing Value Of Claim In Dispute

On 24 May 2019 the Supreme Court General Assembly on the Unification of Judgments (General Assembly) concluded that the plaintiff in a partial monetary action need not reiterate its claim for interest when increasing the value of the claim if it claimed interest for its principal receivables in the plaint petition and the claim of interest will automatically apply for the amount which is increased later on (Decision 2017/8 E, 2019/3 K).

Background

Partial claim actions are filed when a plaintiff seeks to collect a partial amount of the receivable when the action is filed and reserves its rights for surplus. When the plaintiff wants to claim the surplus amount, it may choose between filing a separate case (known as an 'additional case' in practice) andincreasing the original claim in the ongoing case. Although the extension or amendment of the claim or defence is prohibited after the preliminary examination stage of the proceedings is completed, the Civil Procedure