A second judgment has been handed down by Dexter Dias J in the case of DHV v MIB, a serious cross-border personal injury claim. Patrick Vincent KC and James Pickering, instructed by Tim Beasley of Levenes Solicitors, represented the Claimant in a trial heard over 14 days.
In a 15-page judgment (citation [2025] EWHC 2038 (KB)), Dexter Dias J accepted DHV’s submission that his case should attract an award of Spanish penalty interest. He rejected the MIB’s position that it had a justified cause for withholding payment on the basis that the sums sought by DHV had not been crystallised until service of a final Schedule of Loss. Although DHV’s Spanish Law Expert had been criticised in certain respects in the primary judgment, her evidence was accepted in relation to this issue.
The interest sum awarded was equivalent to roughly two thirds of the damages assessed in the primary judgment, illustrating the significance of this issue.
The 103-page primary judgment deals with many issues which are essential reading for cross-border personal injury lawyers. Read our news item on the key issues in the first judgment.
