8th Jul 2024 | Articles & Newsletters


Katherine Deal KC has written an article for Solicitors Journal examining the recent judgment of the Court of Appeal in Nicholls & Anr v Mapfre Espana [2024] EWCA Civ 718. 

The judgment confirms that Spanish penalty interest rates are matters of substance falling within the scope of article 15 of the Rome II Regulation. The potential for grievance amongst Spanish insurers (and those from other jurisdictions where high rates of interest may apply) suffering the potential triple whammy of high interest, substantial legal costs and the penalties imposed under the Part 36 regime is enormous.

The article is available to view on the Solicitors Journal website here.

Katherine specialises in all aspects of high value personal injury claims often involving fatal accidents and catastrophic brain injuries of maximum severity. She has a particular expertise dealing with claims arising from overseas accidents or medical treatment, in particular concerning issues of jurisdiction and choice of law. She is widely considered a leading expert on the interpretation and application of Rome II, and acted for the claimant in the first ever decision from the Court of Justice of the European Union to consider the scope of Rome II, Homawoo v GMF Assurances (CJEU Case C412/10).


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