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 in this cross-border tort claim are procedural matters excluded from Rome II by Article 1(3) and governed by English law (lex fori). The Spanish statutory penalty interest rates are not a mandatory substantive right but a discretionary remedy under Spanish law, and thus do not apply as of right. The judge was entitled to award interest at English rates under section 69 of the County Courts Act 1984.

Citation
[2020] EWHC 2976 (QB)
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 Decision Regarding Rate of Interest on Damages in Tort Claim
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 Decision Regarding Rate of Interest on Damages in Tort Claim

Legal Issues

  1. 1 Whether the award and rate of interest on damages in a tort claim arising from a foreign accident is governed by the lex causae (Spanish law) or lex fori (English law) under Rome II Regulation Article 1(3)
  2. 2 Whether the Spanish statutory penalty interest rates are a substantive right or a procedural remedy

Ratio Decidendi

The award and rate of interest on damages in this cross-border tort claim are procedural matters excluded from Rome II by Article 1(3) and governed by English law (lex fori). The Spanish statutory penalty interest rates are not a mandatory substantive right but a discretionary remedy under Spanish law, and thus do not apply as of right. The judge was entitled to award interest at English rates under section 69 of the County Courts Act 1984.

Court Disposition

Appeal dismissed

Orders

  • Claimants' appeal dismissed; interest to be awarded at English rates under section 69 of the County Courts Act 1984; Defendant's cross-appeal not determined as unnecessary.