In Roberts (a minor) v (1) SSAFA; (2) MOD; (3) AKV (Part 20)  EWHC 994 (QB) Mrs Justice Foster gave judgment on preliminary issues arising out of a claim for an English midwife’s purported negligence during the birth of Harry Roberts in Germany. The preliminary issues were: (1) Whether German law applied; (2) If so, whether the Claim was time-barred under German Law; (3) If it was time-barred, whether the limitation period should be disapplied. The judge held German law applied but the claim was not time-barred under it. However, the judge went on to hold, obiter, that if the claim were time-barred then the German limitation period should be disapplied on account of the undue hardship it would cause.
In this article, Cressida Mawdesley-Thomas examines how the applicable law is determined under The Private International Law (Miscellaneous Provisions) Act 1995 (“PILA”); as well as when a foreign limitation period will be disapplied pursuant to the Foreign Limitation Periods Act 1984 (“FLPA”). Continue reading “Clinical negligence in a foreign hospital: a recent ruling on applicable law and limitation”
In Pandya v Intersalonika General Insurance Co SA  EWHC 273 (QB), Tipples J considered as a preliminary issue whether the claimant’s case should be struck out on the basis that it was time-barred. The case involves an interesting analysis of whether service will be treated as a matter of evidence and procedure under art. 1(3) of Rome II (and therefore governed by the lex fori) or whether it is a matter relevant to the question of limitation under art. 15(h) (and therefore governed by the lex causae).
A helpful summary of the decision was written by the defendant’s counsel (which is available here). This blog considers the full transcript of the judgment which has now been approved by the judge: it is available on Lawtel and Westlaw. Continue reading “Limitation and Rome II: is service a matter of procedure?”
An interesting aspect of Kimathi and Others v Foreign & Commonwealth Office  EWHC 2066 (QB) is how thoroughly it confirms that the past is a foreign country. Britain’s past comprises many foreign countries, once part of its Empire. The Kimathi litigation (also known as the ‘Mau Mau litigation’, after the Mau Mau rebellion that was instrumental in Kenya’s independence movement) has come probably at the only time it could come in these postcolonial days, but it has come too late to be suitable for the forensic process that is civil litigation.
Members of 12 King’s Bench Walk’s International & Travel team have been instructed at various points throughout the course of this litigation by the Claimants, the FCO, and Intervening Parties. This post considers the implications of Stewart J’s first judgment on the merits and assesses the suitability of the civil litigation process for determination of the issues raised. Continue reading “First Judgment on the Merits in the Kenya Emergency Group Litigation (TC34)”
In this blog post, Max Archer of 12 King’s Bench Walk considers the recent decision of Spring v Ministry of Defence & Evangelisches Krankenhaus Bielefeld gGmbH  EWHC 3012 (QB). Master Yoxall considered issues of jurisdiction and joinder out of time for limitation purposes under the Recast Brussels Regulation. Continue reading “Jurisdiction, Joinder and Limitation: Spring v Ministry of Defence & Anor”
This case concerned allegations of historic sexual abuse against three claimants who at the time of the alleged abuse were children living in Uganda. The preliminary issue before the court was a matter of applicable law: whether the Ugandan limitation period applied so that the claim was statue barred. Continue reading “KXL (1) NXR (2) MXD (3) v Nicholas Murphy (1) The Society of Missionaries of Africa (“The White Fathers”) (2)  EWHC 3102 (QB) – Applicable law and foreign limitation periods”