(1) Sedgwick (nee Cox) (respondent) v Mapfre Espana Compania De Seguros Y Reaseguros SA (appellant)

Wednesday 22 - Thursday 23 May 2024
Before Lord Justice Coulson
Lord Justice Dingemans
Lord Justice Stuart-Smith
The central issue is whether an award of penalty interest is an issue of substance or procedure pursuant to Council Regulation (EC) No 864/2007 (“Rome II) .
Appeals raise an important point of principle and practice, namely the approach that should be taken to the awarding of interest in cases such as the present. The appeals raise the same issues and should be determined together.
(Appeal 1) Claim for damages for personal injury and financial losses arising from an accident which occurred on the Spanish Island of Tenerife on 23 January 2016.
By appellant’s notice filed on 14 November 2022, the Appellant/Defendant appeal the decision of Mrs Justice Lambert DBE dated 26 October 2022, whereby she awarded Spanish penalty interest and awarded £35,498.69 for the subrogated recovery losses.
Mrs Justice Lambert DBE ordered that there be judgment for the Claimant in the sum of £171,904.97 inclusive of all interest and made consequential orders.
(Appeals 2 and 3) By Appellant’s Notice filed on 7 June 2023, the Defendant, Mapfre Espana Compania de Seguros y Reaseguros SA (“Mapfre”) appeal the order dated 11 May 2023 of Martin Spencer J on Mapfre’s conjoined appeals in the Woodward and Nicholls cases, whereby the Judge dismissed Mapfre’s appeal and made a summarily assessed costs order against Mapfre.