Sedgwick v Mapfre Espana Compania De Seguros Y Reaseguros Sa [2022] EWHC 2704 (KB) (26 October 2022)

Sedgwick v Mapfre Espana Compania De Seguros Y Reaseguros Sa [2022] EWHC 2704 (KB) (26 October 2022)

Spanish law (Baremo) governs the assessment of damages, including sequelae and cosmetic defect, and the claimant is entitled to claim subrogated losses on behalf of her travel insurer under English law as the law of the insurance contract (Article 19 Rome II). The Spanish penalty interest provisions are substantive and apply to the award, not excluded as procedural, and the exclusion in Article 20(8) does not apply on the facts.

Citation
[2022] EWHC 2704 (KB)
Parties
Claimant: Susan Sedgwick; Defendant: MAPFRE Espana Compania de Seguros y Reaseguros SA
Jurisdiction
England and Wales
Judgment Date
26 October 2022
Procedural Posture
Personal Injury Claim (damages) / Quantum Trial (liability Admitted)
Outcome
Claim allowed in part (quantum determined)
Legal Topics
Applicable Law in Tort, Assessment of Damages Under Foreign Law, Subrogated Insurance Claims, Interest on Damages, Rome II Regulation, Spanish Baremo, Subrogation Under English and Spanish Law
Private International Law Personal Injury Insurance Law Applicable Law in Tort Assessment of Damages Under Foreign Law Subrogated Insurance Claims Interest on Damages Rome II Regulation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Susan Sedgwick

Claimant

MAPFRE Espana Compania de Seguros y Reaseguros SA

Defendant

Procedural Posture

Personal Injury Claim (damages) / Quantum Trial (liability Admitted)

Legal Issues

  1. 1 Assessment of general damages for personal injury under Spanish law (Baremo)
  2. 2 Entitlement to claim subrogated losses by the claimant under English/Spanish law
  3. 3 Applicable interest rate: Spanish penalty interest or English statutory interest

Ratio Decidendi

Spanish law (Baremo) governs the assessment of damages, including sequelae and cosmetic defect, and the claimant is entitled to claim subrogated losses on behalf of her travel insurer under English law as the law of the insurance contract (Article 19 Rome II). The Spanish penalty interest provisions are substantive and apply to the award, not excluded as procedural, and the exclusion in Article 20(8) does not apply on the facts.

Court Disposition

Claim allowed in part (quantum determined)

Orders

  • General damages awarded under Spanish Baremo for severe and moderate temporary loss of quality of life, sequelae, cosmetic defect, and permanent loss of quality of life.
  • Special damages for loss of income (£5,107.33) and electric bike (£1,000) allowed.