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 construed on broad international principles, operates to extinguish the right of action after the limitation period, not merely to bar the remedy. This applies to contribution claims as well as direct claims for damages. The limitation provisions are substantive in effect, and the contribution claim is time-barred.

Citation
[2014] EWHC 177 (QB)
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 of Actions, International Conventions, Civil Liability Contribution, Interpretation of Treaties
Maritime Law Personal Injury Conflict of Laws Limitation of Actions International Conventions Civil Liability Contribution Interpretation of Treaties

Case Brief

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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 bar the remedy or extinguish the right to claim damages?
  2. 2 Does the limitation period in Article 16 apply to contribution claims under the Civil Liability (Contribution) Act 1978?
  3. 3 Should the limitation provisions in the Athens Convention be construed as substantive or procedural in English law?

Ratio Decidendi

Article 16 of the Athens Convention, when construed on broad international principles, operates to extinguish the right of action after the limitation period, not merely to bar the remedy. This applies to contribution claims as well as direct claims for damages. The limitation provisions are substantive in effect, and the contribution claim is time-barred.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Part 20 claim for contribution remains struck out