The question of whether foreign penalty interest should be applied to personal injury compensation awards under foreign law in personal injury claims brought in the jurisdiction of England and Wales has been widely debated by English courts for some time. The debates have traditionally focused on trying to determine whether the inclusion of foreign penalty interest in claims should be considered a matter of substantive or procedural law. As might be expected, this 'dilemma' has given rise to numerous court rulings with a wide variety of judicial opinions on the matter.
Author:
Simon Ball, Partner
Email: simon.ball@weightmans.com