Feest v South West Strategic Health Authority & Ors

Feest v South West Strategic Health Authority & Ors

Article 16 of the Athens Convention operates as a substantive bar, extinguishing the right to bring an action for damages, including contribution claims, after the specified limitation period; the limitation provision is not merely procedural and applies to all actions for damages against a carrier, regardless of how the claim arises.

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 District Judge, Permission to Appeal Granted, Appeal Dismissed
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, International Conventions, Contribution Claims, Statutory Interpretation
Maritime Law Personal Injury Conflict of Laws Limitation of Actions International Conventions Contribution Claims Statutory Interpretation

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 District Judge, Permission to Appeal Granted, Appeal Dismissed

Legal Issues

  1. 1 Does Article 16 of the Athens Convention bar the remedy or extinguish the right?
  2. 2 Does the limitation period in Article 16 apply to contribution claims?
  3. 3 Is the limitation provision procedural or substantive in effect?

Ratio Decidendi

Article 16 of the Athens Convention operates as a substantive bar, extinguishing the right to bring an action for damages, including contribution claims, after the specified limitation period; the limitation provision is not merely procedural and applies to all actions for damages against a carrier, regardless of how the claim arises.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed; Part 20 claim remains struck out