Jane Nicholls & Anor v Mapfre Espana Cia de Seguros y Reaseguros SA

Jane Nicholls & Anor v Mapfre Espana Cia de Seguros y Reaseguros SA

Interest payable under Article 20(4) of the Spanish Insurance Contract Act 50/1980 is not a matter of procedure for the purposes of Article 1(3) of Rome II but is substantive law, as it is intertwined with the assessment of damages under Spanish law. Therefore, Spanish law governs the award of such interest. Even if it were procedural, English courts have discretion to award equivalent interest, and it would be appropriate to do so. Ms Sedgwick was entitled to bring the subrogated claim for repatriation and medical expenses in her own name under English law, as permitted by Article 19 of Rome II.

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 Appeal From High Court
Outcome
Appeal dismissed
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

Case Brief

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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 Appeal From High Court

Legal Issues

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

Ratio Decidendi

Interest payable under Article 20(4) of the Spanish Insurance Contract Act 50/1980 is not a matter of procedure for the purposes of Article 1(3) of Rome II but is substantive law, as it is intertwined with the assessment of damages under Spanish law. Therefore, Spanish law governs the award of such interest. Even if it were procedural, English courts have discretion to award equivalent interest, and it would be appropriate to do so. Ms Sedgwick was entitled to bring the subrogated claim for repatriation and medical expenses in her own name under English law, as permitted by Article 19 of Rome II.

Court Disposition

Appeal dismissed

Orders

  • Mapfre’s appeals against the orders made by Martin Spencer J and Lambert J are dismissed.
  • Interest under Article 20(4) of Act 50/1980 is payable as part of the damages.