Tort in Spain, claim in England—should interest be awarded at the higher rate as stipulated by Spanish law? Andrew Young reports
- Covers the Court of Appeal decision in Nicholls v Mapfre, concerning claims brought in England against Spanish insurance company Mapfre for accidents in Spain. Liability was admitted and damages assessed under Spanish law.
- Addresses question of whether the English court should award interest at the higher rate stipulated by Spanish law (art 20(4) of Spanish Insurance Contract Act 50/1980).
- The answer might depend on whether the award of interest was substantive (Spanish law) or procedural (either English or Spanish, at the court’s discretion).
- The Court of Appeal held the interest payable was a matter of substance, so the higher Spanish rate applied.
On 27 June 2024 the Court of Appeal handed down judgment in three conjoined appeals (Nicholls v Mapfre Espana Compania de Seguros y Reaseguros SA [2024] EWCA Civ 718, [2024] All ER (D) 28 (Jul)), all of which were brought by the Spanish insurance company
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