Roberts (a minor) v Soldiers, Sailors, Airmen and Families Association & Ors [2020] EWHC 994 (QB) (24 April 2020)

Roberts (a minor) v Soldiers, Sailors, Airmen and Families Association & Ors [2020] EWHC 994 (QB) (24 April 2020)

German law is the applicable law to the claim under section 11 of the Private International Law (Miscellaneous Provisions) Act 1995, and the exceptions in section 12 do not apply. The claimant did not have sufficient knowledge to start the German limitation period running before June 2003. The German limitation period was not suspended or inhibited by negotiations, assertion of rights, or the reference to the Experts Commission. The defendants are not estopped from relying on limitation. However, if the German limitation period would otherwise bar the claim, it should be disapplied under section 2 of the Foreign Limitation Periods Act 1984 as contrary to public policy and causing undue...

Citation
[2020] EWHC 994
Parties
Claimant: Harry Roberts (a minor and a protected party, by his mother and litigation friend, Mrs Lauren Roberts); First Defendant: Soldiers, Sailors, Airmen and Families Association; Second Defendant: Ministry of Defence; Part 20 Defendant: Allegemeines Krankenhaus Viersen GmbH
Jurisdiction
England and Wales
Judgment Date
24 April 2020
Procedural Posture
Clinical Negligence; Preliminary Issues / Judgment on Preliminary Issues Regarding Applicable Law and Limitation
Outcome
Preliminary issues determined in favour of the claimant on limitation; German law applies but the claim is not time-barred.
Legal Topics
Applicable Law in Tort, Vicarious Liability, Foreign Limitation Periods, Public Policy Exception, Estoppel and Waiver, Suspension of Limitation Periods
Private International Law Clinical Negligence Limitation of Actions Applicable Law in Tort Vicarious Liability Foreign Limitation Periods Public Policy Exception Estoppel and Waiver +1 more

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Parties

Harry Roberts (a minor and a protected party, by his mother and litigation friend, Mrs Lauren Roberts)

Claimant

Soldiers, Sailors, Airmen and Families Association

First Defendant

Ministry of Defence

Second Defendant

Allegemeines Krankenhaus Viersen GmbH

Part 20 Defendant

Procedural Posture

Clinical Negligence; Preliminary Issues / Judgment on Preliminary Issues Regarding Applicable Law and Limitation

Legal Issues

  1. 1 What is the applicable law governing the claimant's clinical negligence claim?
  2. 2 Is the claim time-barred under German law?
  3. 3 Should the German limitation period be disapplied under the Foreign Limitation Periods Act 1984 due to public policy?

Ratio Decidendi

German law is the applicable law to the claim under section 11 of the Private International Law (Miscellaneous Provisions) Act 1995, and the exceptions in section 12 do not apply. The claimant did not have sufficient knowledge to start the German limitation period running before June 2003. The German limitation period was not suspended or inhibited by negotiations, assertion of rights, or the reference to the Experts Commission. The defendants are not estopped from relying on limitation. However, if the German limitation period would otherwise bar the claim, it should be disapplied under section 2 of the Foreign Limitation Periods Act 1984 as contrary to public policy and causing undue...

Court Disposition

Preliminary issues determined in favour of the claimant on limitation; German law applies but the claim is not time-barred.

Orders

  • It is declared that German law is the applicable law to the claim.
  • It is declared that the claim is not time-barred under German law, or alternatively, the German limitation period is disapplied under section 2 of the Foreign Limitation Periods Act 1984.