- Protected child, forum and jurisdiction and limitation issues (Roberts (a minor and a protected party, by his mother and litigation friend) v Soldiers, Sailors, Airmen and Families Association)
- What are the practical implications of this case?
- What was the background?
- Case details
Personal Injury analysis: This case concerns clinical negligence (birth injury) in Germany. The proceedings were commenced more than three years after the birth leading to a potential limitation defence if German law applied rather than British law. The court considered that German law should be applied rather than English law pursuant to section 12 of the Private International Law (Miscellaneous Provisions) Act 1995 (PIL(MP)A 1995). However, the limitation period according to German law did not begin to run until knowledge of negligence was received by the child’s mother. For this reason, the claim had been started in time and was not time-barred. Section 2 of the Foreign Limitation Periods Act 1984 (FLPA 1984) would in any event mean that the application of the German limitation period would have been contrary to public policy and would impose undue hardship on the claimant. The claim was therefore allowed. Written by Marcus Weatherby, partner, at Pattinson and Brewer Solicitors.
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