Nicholls & Anor v Mapfre Espana Compania De Seguros Y Reaseguros SA [2024] EWCA Civ 718 (27 June 2024)

Nicholls & Anor v Mapfre Espana Compania De Seguros Y Reaseguros SA [2024] EWCA Civ 718 (27 June 2024)

Interest under Article 20(4) of the Spanish Insurance Contract Act 50/1980 is substantive for Rome II purposes because it is integral to the assessment of damages under Spanish law; thus, Spanish law governs and interest is payable. Even if procedural, English courts may exercise discretion to award equivalent interest. Subrogated claims for medical/repatriation costs paid by insurers may be brought in the claimant's name under English law, as determined by Article 19 of Rome II.

Citation
[2024] EWCA Civ 718
Parties
Claimant/respondent: Jane Nicholls; Claimant/respondent: AXA Assistance Group T/A AXA Travel Insurance; Claimant/respondent: Sonia Woodward; Claimant/respondent: Susan Sedgwick; Defendant/appellant: MAPFRE Espana Compania De Seguros Y Reaseguros SA
Jurisdiction
England and Wales
Judgment Date
27 June 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeals From High Court
Outcome
Appeals dismissed; orders of the High Court affirmed.
Legal Topics
Rome II Regulation, Interest on Damages, Subrogation, Conflict of Laws, Assessment of Damages
Private International Law Insurance Law Personal Injury Rome II Regulation Interest on Damages Subrogation Conflict of Laws Assessment of Damages

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Parties

Jane Nicholls

Claimant/respondent

AXA Assistance Group T/A AXA Travel Insurance

Claimant/respondent

Sonia Woodward

Claimant/respondent

Susan Sedgwick

Claimant/respondent

MAPFRE Espana Compania De Seguros Y Reaseguros SA

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeals From High Court

Legal Issues

  1. 1 Whether interest under Article 20(4) of the Spanish Insurance Contract Act 50/1980 is substantive or procedural for Rome II purposes
  2. 2 Whether English courts can award interest at Spanish rates as a matter of discretion if Spanish law is procedural
  3. 3 Whether Ms Sedgwick can bring a subrogated claim for medical/repatriation costs in her own name

Ratio Decidendi

Interest under Article 20(4) of the Spanish Insurance Contract Act 50/1980 is substantive for Rome II purposes because it is integral to the assessment of damages under Spanish law; thus, Spanish law governs and interest is payable. Even if procedural, English courts may exercise discretion to award equivalent interest. Subrogated claims for medical/repatriation costs paid by insurers may be brought in the claimant's name under English law, as determined by Article 19 of Rome II.

Court Disposition

Appeals dismissed; orders of the High Court affirmed.

Orders

  • Interest under Article 20(4) of Act 50/1980 to be paid to claimants as part of damages.
  • Ms Sedgwick entitled to bring subrogated claim for medical and repatriation costs in her own name.