Modular trial rules on redemption figure to be paid to purchaser of plaintiff’s loans

Plenary proceedings - modular trial - declaratory and other reliefs - precise redemption figure that should be paid to defendant in order for certain loans to be redeemed - whether defendant entitled to include default surcharge interest and the costs of enforcement - loan facilities provided to second-named plaintiff and defendant for purchase of shares now acquired by the State - defendant subsequently purchased plaintiff's debt pursuant to loan facility - demand for payment made by defendant as a precursor to appointment of receiver - subsequent proceedings holding that purported calling in of loans and appointment of receiver invalid - plaintiffs awarded 70% of their costs - plaintiffs' solicitors wrote to defendants seeking information on redemption figure and associated daily rate of interest - clause of general terms and conditions of agreement - disagreement between parties - figures for 'costs of enforcement' - can defendant contractually claim 'surcharge interest' - superficial attraction to subclauses of agreement - is surcharge an unlawful penalty - never applied retrospectively - unenforceable - estoppel and waiver - dependant on whether provision a penalty clause - defendant could claim surcharge interest on date from which there was a clearly communicated articulation of such an interest rate - whether defendant can charge 'enforcement' costs - correct redemption figure at today's date - injunctive reliefs - liberty to apply - summary - parties to be heard on costs.