Pierre Janusz and Anna Gatrell have written an article for Personal Injury Brief Update Law Journal regarding the recent decision of the Court of Appeal in Nicholls & Ors v. Mapfre [2024] EWCA Civ 718.
The decision provided the Court of Appeal with an opportunity to give a definite ruling on whether, in a case where the law applicable to the claim is Spanish law, an English court is obliged to award “penalty” interest pursuant to Article 20 of the Spanish Insurance Contract Act 50/1980 (Article 20). This article seeks to consider an issue which can arise in such cases, namely what approach a court should take in a case where it is required by CPR r.36.17(4)(a), unless it considers it unjust to do so, to award interest on all or part of the damages awarded at a rate of up to 10% above base rate when it is required also to award interest pursuant to Article 20.
The full article is available to read online on the Personal Injury Brief Update Law Journal website.
Pierre is recognised as a leading junior in personal injury claims, where he regularly deals with catastrophic injury and high value fatal accident cases as well as clinical negligence matters. He has substantial experience of handling cases with an international element, with expertise in matters involving jurisdiction and applicable law issues, both generally and in relation to accidents abroad. Following on from his in-depth knowledge of the Brussels Ia Regulation dealing with jurisdiction and enforcement of judgments, the Rome II Regulation dealing with non-contractual liability and the Rome I Regulation dealing with contractual matters, he continues to be the author of the jurisdiction and applicable law chapters in the APIL Guide to Accidents Abroad published by LexisNexis.
Anna is one of our 2023 pupils. Prior to pupillage, Anna studied the Graduate Diploma in Law, achieving a distinction. Alongside this, she volunteered for IPSEA, where she provided representation at Tribunal hearings to help ensure that children and young people were able to access the right education.
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