TATLA Newsletter – May 2021

Special Briefing: Foreign Rules in the English Courts

In the post-Brexit era the courts of England and Wales have been faced with a tsunami of claims issued on the cusp of Brexit Day. A number of recent developments raise some intriguing questions about the interface between substantive law and procedure; and about how the courts can and should exercise their discretion in applying foreign rules in the assessment of damages. Matthew Chapman QC and Ella Davis consider the applicability of Spanish rules on the assessment of interest on damages, while Sarah Prager looks at the recent Monitoring Report on the ‘new’ Baremo tables, and asks whether it can be considered in the exercise of the court’s discretion in assessing damages.

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