Report No. 63

2.14. Brief history of position in England.-

At this stage, a brief history of the position in England as shown by the case-law, would be useful. In Eddowes v. Hopkins, 1 Douglas 376., Lord Mansfield, after stating that interest may be payable in consequence of the usage of particular branches of trade or a special agreement, added that interest may be payable "in cases of long delay under vexations and oppressive circumstances if a jury in their discretion shall think fit to allow." This statement of the law, it may be noted, is fairly wide, and though it emphasises the element of oppression, it does not contemplate any other limitations on the "discretion" of the jury.