Roberts v The Soldiers, Sailors, Airmen And Families Association & Anor [2019] EWHC 1104 (QB) (03 May 2019)

Roberts v The Soldiers, Sailors, Airmen And Families Association & Anor [2019] EWHC 1104 (QB) (03 May 2019)

The Civil Liability (Contribution) Act 1978 has overriding effect and applies to all contribution proceedings brought in England and Wales, regardless of ordinary choice of law rules. This is implied from the statutory language, particularly the express references to private international law in ss.1(6) and 2(3)(c), and the supersession of other rights in s.7(3). The presumption against extraterritoriality is rebutted. The claim for contribution is not subject to foreign limitation periods if brought under the 1978 Act in England and Wales.

Citation
[2019] EWHC 1104 (QB)
Parties
Claimant: Master Harry Roberts (a child and protected party by his mother and litigation friend Mrs Lauren Roberts); Defendant/part 20 Claimant: The Soldiers, Sailors, Airmen and Families Association – Forces Help; Defendant/part 20 Claimant: The Ministry of Defence; Part 20 Defendant: Allgemeines Krankenhaus Viersen GmbH
Jurisdiction
England and Wales
Judgment Date
03 May 2019
Procedural Posture
Preliminary Issue in Civil Proceedings (contribution Claim) / High Court (queen's Bench Division) Trial of Preliminary Issue
Outcome
The preliminary issue is determined in favour of the Defendants/Part 20 Claimants (SSAFA/MOD): the 1978 Act has overriding effect and applies to the contribution claim.
Legal Topics
Contribution Between Tortfeasors, Mandatory Rules, Choice of Law, Limitation Periods, Statutory Construction
Private International Law Tort Law Civil Procedure Contribution Between Tortfeasors Mandatory Rules Choice of Law Limitation Periods Statutory Construction

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Parties

Master Harry Roberts (a child and protected party by his mother and litigation friend Mrs Lauren Roberts)

Claimant

The Soldiers, Sailors, Airmen and Families Association – Forces Help

Defendant/part 20 Claimant

The Ministry of Defence

Defendant/part 20 Claimant

Allgemeines Krankenhaus Viersen GmbH

Part 20 Defendant

Procedural Posture

Preliminary Issue in Civil Proceedings (contribution Claim) / High Court (queen's Bench Division) Trial of Preliminary Issue

Legal Issues

  1. 1 Does the Civil Liability (Contribution) Act 1978 have mandatory/overriding effect in England and Wales, applying to all contribution proceedings regardless of choice of law rules?
  2. 2 Is a claim for contribution under the 1978 Act subject to foreign limitation periods if foreign law is the applicable law?

Ratio Decidendi

The Civil Liability (Contribution) Act 1978 has overriding effect and applies to all contribution proceedings brought in England and Wales, regardless of ordinary choice of law rules. This is implied from the statutory language, particularly the express references to private international law in ss.1(6) and 2(3)(c), and the supersession of other rights in s.7(3). The presumption against extraterritoriality is rebutted. The claim for contribution is not subject to foreign limitation periods if brought under the 1978 Act in England and Wales.

Court Disposition

The preliminary issue is determined in favour of the Defendants/Part 20 Claimants (SSAFA/MOD): the 1978 Act has overriding effect and applies to the contribution claim.

Orders

  • The contribution claim under the 1978 Act may proceed in England and Wales and is not time-barred by German law.