Late Payment of Commercial Debts (Interest) Act 1998 - Ousting The Statutory Interest

Ousting The Statutory Interest

Parties cannot contract out of the Act's provisions.

However, it is possible to oust the statutory interest requirements, and hence of the compensation provisions, if the contract provides a substantial remedy for late payment, sufficient either for the purpose of compensating the supplier for late payment or for deterring late payment. The meaning of "substantial remedy" will depend on circumstances and as developed in case law. Suppliers can be expected in time to delete other remedies (except against non-business buyers) and rely exclusively on the Act's generous provisions.