Troke & Anor v Amgen Seguros Generales Compania De Seguros Y Reaseguros SAU (Formerly RACC Seguros Compania De Seguros Y Resaseguros SA)

Troke & Anor v Amgen Seguros Generales Compania De Seguros Y Reaseguros SAU (Formerly RACC Seguros Compania De Seguros Y Resaseguros SA)

The award and rate of interest on damages for a tort committed in Spain but litigated in England are procedural matters excluded from Rome II by Article 1(3) and governed by English law (lex fori). The Spanish statutory penalty interest rates were not proved to be a mandatory substantive right but were discretionary, so the judge was correct to award interest at the lower English rates under section 69 of the County Courts Act 1984.

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
Civil Appeal (tort – Road Traffic Accident) / Appeal From County Court 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, Foreign Law Evidence
Private International Law Tort Law Insurance Law Conflict of Laws Interest on Damages Rome II Regulation Procedural Vs Substantive Law Foreign Law Evidence

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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

Civil Appeal (tort – Road Traffic Accident) / Appeal From County Court 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 excluded from Rome II by Article 1(3) and governed by English law (lex fori). The Spanish statutory penalty interest rates were not proved to be a mandatory substantive right but were discretionary, so the judge was correct to award interest at the lower English rates under section 69 of the County Courts Act 1984.

Court Disposition

Appeal dismissed

Orders

  • Claimants' appeal dismissed; Defendant's cross-appeal not determined as unnecessary
  • Interest on damages to be awarded at English rates (0.5% on special damages, 2% on general damages) under section 69 of the County Courts Act 1984