Litigation interest (procesrente)
Also known as litigation interest, interest from commencement of proceedings, rente fra sagens anlæg
Procesrente is the interest that accrues on the claim from the commencement of proceedings and is awarded by the judgment.
Key facts
- Rate
- Same as default interest
- Accrues from
- Commencement of proceedings
In practice
Litigation interest is not a different interest from default interest — it is the same rate, but the term is used for the interest claimed and awarded in court proceedings.
It accrues until the claim is paid. On a claim that is only settled after three years in the bailiff’s court, the interest is no trifle.
Where it commonly goes wrong
- The interest is not claimed in the writ of summons. If it is not awarded, it cannot be demanded afterwards.
- Procedural interest is claimed from the invoice date. It runs from the filing of the case. Default interest covers the period before that.
- Interest is calculated on the total claim including fees. It is calculated on the principal.