O'Byrne v Aventis Pasteur SA [2007] EWCA Civ 966 (09 October 2007)

O'Byrne v Aventis Pasteur SA [2007] EWCA Civ 966 (09 October 2007)

Section 35 of the Limitation Act 1980 applies to the ten-year period under the Product Liability Directive, and permits substitution of a defendant after expiry of that period where the original party was named in mistake for the new party, provided the mistake was as to name and not identity. The ECJ ruling leaves it to national law to determine the conditions for substitution, subject to the Directive's personal scope. The claimant's mistake was sufficient, and the judge's exercise of discretion was not challenged. The appeal is dismissed.

Citation
[2007] EWCA Civ 966
Parties
Claimant/respondent: Master Declan O'Byrne; Proposed Defendant/appellant: Aventis Pasteur SA
Jurisdiction
England and Wales
Judgment Date
09 October 2007
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Substitution of Defendant After Limitation Period
Outcome
Appeal dismissed
Legal Topics
Substitution of Parties, Limitation Periods, Mistake in Party Identity, Consumer Protection Act 1987, Product Liability Directive 85/374/eec, Interpretation of National Law in Light of EU Law
Civil Procedure Product Liability Limitation of Actions European Union Law Substitution of Parties Limitation Periods Mistake in Party Identity Consumer Protection Act 1987 +2 more

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Parties

Master Declan O'Byrne

Claimant/respondent

Aventis Pasteur SA

Proposed Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Substitution of Defendant After Limitation Period

Legal Issues

  1. 1 Whether section 35 of the Limitation Act 1980 permits substitution of a defendant after expiry of the ten-year period under the Product Liability Directive
  2. 2 Whether the mistake in naming the defendant was sufficient to allow substitution under section 35
  3. 3 Whether national procedural law can allow substitution in light of Article 11 of the Directive and the ECJ ruling

Ratio Decidendi

Section 35 of the Limitation Act 1980 applies to the ten-year period under the Product Liability Directive, and permits substitution of a defendant after expiry of that period where the original party was named in mistake for the new party, provided the mistake was as to name and not identity. The ECJ ruling leaves it to national law to determine the conditions for substitution, subject to the Directive's personal scope. The claimant's mistake was sufficient, and the judge's exercise of discretion was not challenged. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Order of substitution of Aventis Pasteur SA for Aventis Pasteur MSD Ltd as defendant affirmed