- Awards of interest under Rome II—a matter of procedure (Troke v Amgen Seguros Generales Compania de Seguros y Reaseguros SAU)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The High Court dismissed an appeal, holding that an award of interest was characterised as a procedural matter under Article 1(3) of the Rome II Regulation. The law of the forum (ie the law of England and Wales) therefore applied to the question of interest. The particular Spanish law that the court was considering was also procedural in nature: it concerned the provision of an interim payment, which had the quality of procedural matters, and imposed a penalty interest rate, which was a procedural sanction. The first High Court (or higher) judgment definitively to characterise interest under Rome II, this decision is significant for private international law practitioners, as it will have a considerable impact on the sums recoverable for interest in Rome II claims. It also settles the appreciable ambiguities on the law applicable to interest in tort claims in earlier authorities (cf for example: Maher and another v Groupama Grand Est; Knight v Axa Assurances; XP v Compensa Towarzystwo SA and another; and As Latvijas Krajbanka v Antonov). Written by Lucinda Spearman, barrister at 2 Temple Gardens, who acted for the defendant.
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