O'Byrne v Aventis Pasteur Msd Ltd. [2006] EWHC 2562 (QB) (20 October 2006)

O'Byrne v Aventis Pasteur Msd Ltd. [2006] EWHC 2562 (QB) (20 October 2006)

The court has jurisdiction to permit substitution under section 35 of the Limitation Act 1980 where the original defendant was named in mistake for the true manufacturer, and such substitution is necessary for the determination of the claim. The discretion should be exercised in favour of substitution where the new defendant is the true producer, was likely aware of the claim within the limitation period, and no prejudice arises beyond loss of a limitation defence.

Citation
[2006] EWHC 2562 (QB)
Parties
Claimant: Master Declan O'Byrne; Defendant: Aventis Pasteur MSD Ltd; Proposed Defendant: Aventis Pasteur SA
Jurisdiction
England and Wales
Judgment Date
20 October 2006
Procedural Posture
Application to Substitute Party Under Limitation Act 1980, S.35 / Judgment on Application
Outcome
Application granted
Legal Topics
Limitation of Actions, Substitution of Parties, Mistake in Party Identity, Consumer Protection Act 1987, Product Liability Directive
Civil Procedure Product Liability Limitation of Actions Substitution of Parties Mistake in Party Identity Consumer Protection Act 1987 Product Liability Directive

Case Brief

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Parties

Master Declan O'Byrne

Claimant

Aventis Pasteur MSD Ltd

Defendant

Aventis Pasteur SA

Proposed Defendant

Procedural Posture

Application to Substitute Party Under Limitation Act 1980, S.35 / Judgment on Application

Legal Issues

  1. 1 Whether the court has jurisdiction to substitute Aventis Pasteur SA for Aventis Pasteur MSD Ltd after expiry of the limitation period under section 35 of the Limitation Act 1980
  2. 2 Whether the substitution is necessary for the determination of the original action
  3. 3 Whether the court should exercise its discretion to permit substitution

Ratio Decidendi

The court has jurisdiction to permit substitution under section 35 of the Limitation Act 1980 where the original defendant was named in mistake for the true manufacturer, and such substitution is necessary for the determination of the claim. The discretion should be exercised in favour of substitution where the new defendant is the true producer, was likely aware of the claim within the limitation period, and no prejudice arises beyond loss of a limitation defence.

Court Disposition

Application granted

Orders

  • Permission granted to substitute Aventis Pasteur SA for Aventis Pasteur MSD Ltd as defendant in the action