The judgment of the Court of Appeal in Elysa Alton v Powszechny Zakład Ubezpieczeń [2024] EWCA Civ 1435 (BAILII) serves as something of a cautionary tale and a salutary reminder to Claimant representatives to ensure that their house is in order vis-à-vis cross-border issues before issuing a claim against the insurer of a foreign-registered vehicle….
Read moreOf Spanish Interest (Part 2): Nicholls v Mapfre & Woodward v Mapfre [2024] EWCA Civ 718
On 27 June 2024, the latest instalment of the ‘Spanish Interest’ appeals landed on the desks of cross-border lawyers when the Court of Appeal handed down judgment in the conjoined appeals of Nicholls v Mapfre & Woodward v Mapfre [2024] EWCA Civ 718. In relation to interest, there were two primary issues considered by the…
Read moreOf Spanish Interest: Nicholls v Mapfre & Woodward v Mapfre [2023] EWHC 1031 (KB)
On Thursday 4th May 2023 Mr Justice Martin Spencer handed down judgment in the conjoined appeals Nicholls v Mapfre & Woodward v Mapfre, adding another appellate decision to the line of cases on the hard fought issue of the correct approach to Spanish Interest in Rome II cases. By way of overview, in both cases…
Read moreSpanish Law: Points of Interest
If the wintery weather has got you dreaming not of a White Christmas, but of warmer climes, then fly away with Peter Hale to sunny Tenerife, as he explores the ‘hot topic’ of penalty interest under Spanish law in the context of two recent decisions: Background As travel practitioners will recall, Article 20 of the…
Read morePickard v Marshall, the MIB and others [2017] EWCA Civ 17 – Rome II and manifestly closer connections
John-Paul Swoboda
The blog is by David Green of 12 King’s Bench Walk. Cranston J refused permission to appeal against Dingemans J’s judgment in Marshall v the MIB, Pickard and others [2015] EWHC 3421 (QB) on an important point of construction of Article 4 of the Rome II Regulations.
Read moreKXL (1) NXR (2) MXD (3) v Nicholas Murphy (1) The Society of Missionaries of Africa (“The White Fathers”) (2) [2016] EWHC 3102 (QB) – Applicable law and foreign limitation periods
This case concerned allegations of historic sexual abuse against three claimants who at the time of the alleged abuse were children living in Uganda. The preliminary issue before the court was a matter of applicable law: whether the Ugandan limitation period applied so that the claim was statue barred.
Read moreMoreno v MIB [2016] UKSC 52 – Applicable law, 4th Motor Insurance Directive, MIB
This case comment is by Patrick Vincent of 12 King’s Bench Walk. The recent decision of the Supreme Court in Moreno has cleared up one – but only one – of the difficulties created by the complicated and fragmented way in which the legislature has attempted to implement the requirements of the EU Motor Insurance Directives.
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