Troke & Anor v Amgen Seguros Generales Compania De Seguros Y Reaseguros SAU (Formerly RACC Seguros Compania De Seguros Y Resaseguros SA) [2020] EWHC 2976 (QB) (06 November 2020)

Troke & Anor v Amgen Seguros Generales Compania De Seguros Y Reaseguros SAU (Formerly RACC Seguros Compania De Seguros Y Resaseguros SA) [2020] EWHC 2976 (QB) (06 November 2020)

The award and rate of interest on damages for a tort committed in Spain but litigated in England are procedural matters governed by English law (lex fori), not Spanish law (lex causae), because the Spanish statutory penalty interest is discretionary and not a mandatory substantive right. Therefore, the County Court judge was correct to apply English rates of interest under section 69 of the County Courts Act 1984.

Citation
[2020] EWHC 2976
Parties
Claimant/appellant/respondent to Cross Appeal: Rachel Troke; Claimant/appellant/respondent to Cross Appeal: Master Finley Allen (a child by his mother and litigation friend Rachel Troke); Defendant/respondent/respondent to Cross Appellant: Amgen Seguros Generales Compania de Seguros y Reaseguros SAU (formerly RACC Seguros Compania de Seguros y Resaseguros SA)
Jurisdiction
England and Wales
Judgment Date
06 November 2020
Procedural Posture
Appeal / Judgment on Appeal From County Court at Plymouth to High Court, Queen's Bench Division
Outcome
Appeal dismissed
Legal Topics
Conflict of Laws, Interest on Damages, Rome II Regulation, Procedural Vs Substantive Law, Cross Border Tort Claims
Private International Law Tort Law Insurance Law Conflict of Laws Interest on Damages Rome II Regulation Procedural Vs Substantive Law Cross Border Tort Claims

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Parties

Rachel Troke

Claimant/appellant/respondent to Cross Appeal

Master Finley Allen (a child by his mother and litigation friend Rachel Troke)

Claimant/appellant/respondent to Cross Appeal

Amgen Seguros Generales Compania de Seguros y Reaseguros SAU (formerly RACC Seguros Compania de Seguros y Resaseguros SA)

Defendant/respondent/respondent to Cross Appellant

Procedural Posture

Appeal / Judgment on Appeal From County Court at Plymouth to High Court, Queen's Bench Division

Legal Issues

  1. 1 Whether the award and rate of interest on damages for a tort committed in Spain but litigated in England is governed by Spanish law (lex causae) or English law (lex fori)
  2. 2 Whether the Spanish statutory penalty interest rates are a substantive right or a procedural remedy
  3. 3 Whether the County Court judge erred in applying English rates of interest instead of Spanish rates

Ratio Decidendi

The award and rate of interest on damages for a tort committed in Spain but litigated in England are procedural matters governed by English law (lex fori), not Spanish law (lex causae), because the Spanish statutory penalty interest is discretionary and not a mandatory substantive right. Therefore, the County Court judge was correct to apply English rates of interest under section 69 of the County Courts Act 1984.

Court Disposition

Appeal dismissed

Orders

  • Claimants' appeal dismissed; County Court order for interest at English rates affirmed; Defendant's cross-appeal not determined as unnecessary