Susan Sedgwick v Mapfre Espana Compania de Seguros y Reaseguros SA

Susan Sedgwick v Mapfre Espana Compania de Seguros y Reaseguros SA

General damages for personal injury are to be assessed under Spanish law using the Baremo as a guideline, with specific findings on periods of severe and moderate loss of quality of life and sequelae; the claimant is entitled to claim subrogated losses paid by her UK travel insurer in her own name under English law; the appropriate rate of interest is a matter of procedure and, while Spanish penalty interest is not mandatory, the court exercises its discretion to award interest at the Spanish penalty rate from September 2017 under s.35A Senior Courts Act 1981.

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) / Judgment After Trial on Quantum
Outcome
Claim allowed in part
Legal Topics
Personal Injury, Assessment of Damages, Subrogation, Applicable Law (rome Ii), Interest on Damages
Tort Private International Law Insurance Law Personal Injury Assessment of Damages Subrogation Applicable Law (rome Ii) Interest on Damages

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Parties

Susan Sedgwick

Claimant

Mapfre Espana Compania De Seguros Y Reaseguros SA

Defendant

Procedural Posture

Personal Injury Claim (damages) / Judgment After Trial on Quantum

Legal Issues

  1. 1 Assessment of general damages for personal injury under Spanish law
  2. 2 Entitlement to claim subrogated losses by claimant under English or Spanish law
  3. 3 Appropriate rate of interest (Spanish penalty interest or English court rate)

Ratio Decidendi

General damages for personal injury are to be assessed under Spanish law using the Baremo as a guideline, with specific findings on periods of severe and moderate loss of quality of life and sequelae; the claimant is entitled to claim subrogated losses paid by her UK travel insurer in her own name under English law; the appropriate rate of interest is a matter of procedure and, while Spanish penalty interest is not mandatory, the court exercises its discretion to award interest at the Spanish penalty rate from September 2017 under s.35A Senior Courts Act 1981.

Court Disposition

Claim allowed in part

Orders

  • General damages awarded as per Spanish Baremo guidelines for specified periods and sequelae
  • Special damages including loss of income (£5,107.33) and agreed subrogated losses (£35,498.69) allowed