Tort in Spain, claim in England – should interest be awarded at the higher rate as stipulated by Spanish law? – New Law Journal

Andrew Young has written an article for New Law Journal on the case of Nicholls v Mapfre Espana Compania de Seguros y Reaseguros SA [2024] EWCA Civ 718 – three conjoined appeals brought by the Spanish insurance company Mapfre.

The article addresses the 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 full article is available to read online behind a paywall. Simply fill in your name and email to gain access.

Andrew has many years’ experience of handling foreign accident and illness cases, including multi-party claims, and frequently acts in cases involving complex issues of jurisdiction and conflicts of law. In recent years, he has developed a special expertise in acting for claimants who have suffered injuries or illnesses while working overseas, particularly for international security companies and in the oil industry. He has immense experience of the Package Travel Regulations and he recently acted for the claimant in the leading case on food poisoning claims against tour operators, both at first instance and in the Court of Appeal. He also acts for claimants in high-value domestic employers’ liability personal injury claims.