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Lucy Wyles KC and Poppy Blackshaw successful in securing a finding of 65% contributory negligence against the Claimant in High Court cross-border personal injury claim governed by Spanish Law

Posted: 01/08/2025

Following a 14-day High Court trial in November 2024, on 31 July 2025 judgment was handed down in DHV v Motor Insurers’ Bureau [2025] EWHC 2002 and [2025] 2038 EWHC 2038.

This was a personal injury claim arising out of a road traffic accident in Spain and brought against the MIB in England pursuant to regulation 13 of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003. Although primary liability of the uninsured Spanish driver, and therefore liability of the MIB had been admitted prior to the commencement of the trial, contributory fault and quantum remained in dispute. The claim was pleaded at over £3,000,000.

Four interesting points arise from the judgments:

  1. The high level of contributory fault attributable to the Claimant, assessed by Mr Justice Dexter Dias at 65% and ultimately resulting in an award for damages of approximately £213,000.
  2. For the first time guidance has been provided by the High Court as to the applicability and effect of Recital 33 of the Rome II Regulation to the assessment of damages under the applicable foreign law. The judgment makes clear that Recital 33 does not amount to a legal rule, which will likely scotch future attempts by claimants to rely on it in quantum cases to which Rome II applies.  
  3. Recourse cannot be had to the general principle of restitutio in integrum in order to bypass the strict limits and conditions of the Baremo, the Spanish tariff system of compensation.
  4. It is the latest decision in a long line of cases in which the English courts have awarded Spanish penalty interest.

A copy of the substantive judgment can be found here:
https://caselaw.nationalarchives.gov.uk/ewhc/kb/2025/2002

A copy of the judgment on penalty interest can be found here: https://caselaw.nationalarchives.gov.uk/ewhc/kb/2025/2038

Lucy Wyles KC and Poppy Blackshaw represented the Defendant, MIB, and were instructed by Kieran Hearty and Yasmina Villar Lopez of Weightmans LLP.

Authors

Lucy Wyles KC

Call: 1994 Silk: 2022

Poppy Blackshaw

Call: 2023

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