Roberts v The Soldiers, Sailors, Airmen And Families Association & Anor

Roberts v The Soldiers, Sailors, Airmen And Families Association & Anor

The Civil Liability (Contribution) Act 1978 has mandatory/overriding effect and applies automatically to all proceedings for contribution brought in England and Wales, without reference to any choice of law rules. This is implicit from the Act's provisions, including its express references to private international law, and is necessary to effectuate its purpose and policy.

Parties
Claimant: Master Harry Roberts (a child and protected Claimant party by his mother and litigation friend Mrs Lauren Roberts); Defendant/part 20 Claimant: The Soldiers, Sailors, Airmen and Families Association – Forces Help (SSAFA); Defendant/part 20 Claimant: The Ministry of Defence (MOD); Part 20 Defendant: Allgemeines Krankenhaus Viersen GmbH (the Hospital)
Jurisdiction
England and Wales
Judgment Date
03 May 2019
Procedural Posture
Civil / Trial of Preliminary Issue
Outcome
Preliminary issue determined in favour of SSAFA/MOD; the 1978 Act has overriding effect.
Legal Topics
Contribution Between Tortfeasors, Mandatory Rules, Choice of Law, Limitation Periods, Jurisdiction
Private International Law Tort Law Statutory Interpretation Contribution Between Tortfeasors Mandatory Rules Choice of Law Limitation Periods Jurisdiction

Case Brief

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Parties

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

Claimant

The Soldiers, Sailors, Airmen and Families Association – Forces Help (SSAFA)

Defendant/part 20 Claimant

The Ministry of Defence (MOD)

Defendant/part 20 Claimant

Allgemeines Krankenhaus Viersen GmbH (the Hospital)

Part 20 Defendant

Procedural Posture

Civil / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether the Civil Liability (Contribution) Act 1978 has mandatory/overriding effect and applies automatically to all proceedings for contribution brought in England and Wales, without reference to any choice of law rules

Ratio Decidendi

The Civil Liability (Contribution) Act 1978 has mandatory/overriding effect and applies automatically to all proceedings for contribution brought in England and Wales, without reference to any choice of law rules. This is implicit from the Act's provisions, including its express references to private international law, and is necessary to effectuate its purpose and policy.

Court Disposition

Preliminary issue determined in favour of SSAFA/MOD; the 1978 Act has overriding effect.

Orders

  • Declaration that the Civil Liability (Contribution) Act 1978 applies automatically to all proceedings for contribution brought in England and Wales, without reference to any choice of law rules.