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 automatically to all proceedings for contribution brought in England and Wales, irrespective of choice of law rules. The express references to private international law in ss.1(6) and 2(3)(c) support the implication that Parliament intended the Act to apply regardless of foreign law, rebutting the presumption against extraterritorial application. The statutory cause of action for contribution is not subject to choice of law rules for its availability, and the Act supersedes any right of contribution arising under foreign law.

Citation
[2019] EWHC 1104
Parties
Claimant: Master Harry Roberts (a child and protected party by his mother and litigation friend Mrs Lauren Roberts); Defendant/part20 Claimant: The Soldiers, Sailors, Airmen and Families Association – Forces Help; Defendant/part20 Claimant: The Ministry of Defence; Part20 Defendant: Allgemeines Krankenhaus Viersen GmbH
Jurisdiction
England and Wales
Judgment Date
03 May 2019
Procedural Posture
Trial of Preliminary Issue / Judgment
Outcome
Preliminary issue determined: 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.
Legal Topics
Contribution Claims, Mandatory Rules, Choice of Law, Limitation Periods
Private International Law Tort Law Statutory Interpretation Contribution Claims Mandatory Rules Choice of Law Limitation Periods

Case Brief

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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/part20 Claimant

The Ministry of Defence

Defendant/part20 Claimant

Allgemeines Krankenhaus Viersen GmbH

Part20 Defendant

Procedural Posture

Trial of Preliminary Issue / Judgment

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 overriding effect and applies automatically to all proceedings for contribution brought in England and Wales, irrespective of choice of law rules. The express references to private international law in ss.1(6) and 2(3)(c) support the implication that Parliament intended the Act to apply regardless of foreign law, rebutting the presumption against extraterritorial application. The statutory cause of action for contribution is not subject to choice of law rules for its availability, and the Act supersedes any right of contribution arising under foreign law.

Court Disposition

Preliminary issue determined: 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.

Orders

  • Contribution claim may proceed under the 1978 Act; German law limitation does not bar the claim.