Roberts v The Soldiers, Sailors, Airmen and Families Association -Forces Help & Ors [2016] EWHC 2744 (QB) (03 November 2016)

Roberts v The Soldiers, Sailors, Airmen and Families Association -Forces Help & Ors [2016] EWHC 2744 (QB) (03 November 2016)

The Court has jurisdiction to hear the Part 20 proceedings against Viersen under article 8(2) of the Brussels Recast Regulation because there is a close connection between the original and third party proceedings, and neither SSAFA nor MOD are bound by the jurisdiction clause in the contract between GSTT and Viersen...

Source-derived case information.

Citation
[2016] EWHC 2744
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; Third Party: Allgemeines Krankenhaus Viersen Gmbh
Jurisdiction
England and Wales
Judgment Date
03 November 2016
Procedural Posture
Application to Dispute Jurisdiction in Part 20 Proceedings / Interlocutory Application
Outcome
Application dismissed; Court has jurisdiction over the Part 20 proceedings.
Legal Topics
Jurisdiction, Brussels Recast Regulation, Third Party Proceedings, Agency, Contractual Jurisdiction Clauses
Civil Procedure Private International Law Medical Negligence Jurisdiction Brussels Recast Regulation Third Party Proceedings Agency Contractual Jurisdiction Clauses

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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

Third Party

Procedural Posture

Application to Dispute Jurisdiction in Part 20 Proceedings / Interlocutory Application

Legal Issues

  1. 1 Whether the Court has jurisdiction to hear the Part 20 proceedings against Viersen under article 8(2) of the Brussels Recast Regulation
  2. 2 Whether SSAFA and MOD are bound by the jurisdiction clause in the contract between GSTT and Viersen under article 25 of the Brussels Recast Regulation

Ratio Decidendi

The Court has jurisdiction to hear the Part 20 proceedings against Viersen under article 8(2) of the Brussels Recast Regulation because there is a close connection between the original and third party proceedings, and neither SSAFA nor MOD are bound by the jurisdiction clause in the contract between GSTT and Viersen as there was no representation by words or conduct that GSTT had authority to bind them.

Court Disposition

Application dismissed; Court has jurisdiction over the Part 20 proceedings.

Orders

  • Viersen permitted to rely on article 8(2) Brussels Recast ground.
  • Court has jurisdiction to hear the Part 20 proceedings under article 8(2) of Brussels Recast.