Feest v South West Strategic Health Authority & Ors [2014] EWHC 177 (QB) (07 February 2014)

Feest v South West Strategic Health Authority & Ors [2014] EWHC 177 (QB) (07 February 2014)

Article 16 of the Athens Convention, when interpreted on broad principles of general acceptation and without recourse to the English rule that limitation is procedural, operates to extinguish the right of action after the specified period. This applies to contribution claims as well as direct claims for damages, and the absence of a saving provision for contribution claims does not alter this effect. The limitation period is substantive, not merely procedural.

Citation
[2014] EWHC 177
Parties
Claimant: Kathleen Feest; First Defendant/appellant: South West Strategic Health Authority; Second Defendant: UK Foundation Programme Office; Third Party/respondent: Bay Island Voyages
Jurisdiction
England and Wales
Judgment Date
07 February 2014
Procedural Posture
Appeal / Judgment on Appeal From Summary Judgment in Contribution Claim
Outcome
Appeal dismissed
Legal Topics
Limitation Periods, International Conventions, Civil Liability Contribution, Interpretation of Treaties
Maritime Law Personal Injury Conflict of Laws Limitation Periods International Conventions Civil Liability Contribution Interpretation of Treaties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 27 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Kathleen Feest

Claimant

South West Strategic Health Authority

First Defendant/appellant

UK Foundation Programme Office

Second Defendant

Bay Island Voyages

Third Party/respondent

Procedural Posture

Appeal / Judgment on Appeal From Summary Judgment in Contribution Claim

Legal Issues

  1. 1 Does Article 16 of the Athens Convention impose a limitation period that extinguishes the right or merely bars the remedy?
  2. 2 Does the limitation period in Article 16 apply to contribution claims under the Civil Liability (Contribution) Act 1978?

Ratio Decidendi

Article 16 of the Athens Convention, when interpreted on broad principles of general acceptation and without recourse to the English rule that limitation is procedural, operates to extinguish the right of action after the specified period. This applies to contribution claims as well as direct claims for damages, and the absence of a saving provision for contribution claims does not alter this effect. The limitation period is substantive, not merely procedural.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed; summary judgment for the respondent (Bay Island Voyages) stands