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Soldiers, Sailors, Airmen and Families Association v Allgemeines Krankenhaus Viersen GmbH [2022] UKSC 29, [2022] 3 WLR 1111 is a judicial decision of the Supreme Court of the United Kingdom in relation to the proper law to govern contribution claims in cross-border torts. The Supreme Court unanimously ruled that the contribution claim was to be determined by German law, and so the relevant limitation period had expired. Accordingly the German hospital had a defence under the German limitation period against any claim for a contribution by the defendants.

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  • Soldiers, Sailors, Airmen and Families Association v Allgemeines Krankenhaus Viersen GmbH (en)
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  • Soldiers, Sailors, Airmen and Families Association v Allgemeines Krankenhaus Viersen GmbH [2022] UKSC 29, [2022] 3 WLR 1111 is a judicial decision of the Supreme Court of the United Kingdom in relation to the proper law to govern contribution claims in cross-border torts. The Supreme Court unanimously ruled that the contribution claim was to be determined by German law, and so the relevant limitation period had expired. Accordingly the German hospital had a defence under the German limitation period against any claim for a contribution by the defendants. (en)
name
  • Soldiers, Sailors, Airmen and Families Association v Allgemeines Krankenhaus Viersen GmbH (en)
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  • http://commons.wikimedia.org/wiki/Special:FilePath/Infant-Incubator-wBaby-1978-USA.jpg
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  • A neonatal intensive care unit (en)
citations
  • [2022] UKSC 29 (en)
court
full name
  • Harry Roberts v Soldiers, Sailors, Airmen and Families Association, Ministry of Defence, and Allegemeines Krankenhaus Viersen GMBH (en)
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  • (en)
  • contribution (en)
  • negligence (en)
  • personal injury (en)
  • choice of law (en)
  • neonatal claims (en)
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  • Soldiers, Sailors, Airmen and Families Association v Allgemeines Krankenhaus Viersen GmbH [2022] UKSC 29, [2022] 3 WLR 1111 is a judicial decision of the Supreme Court of the United Kingdom in relation to the proper law to govern contribution claims in cross-border torts. Harry Roberts, was born in Germany and alleged that he had been injured as a result of the alleged negligence of the Soldiers, Sailors, Airmen and Families Association (the "SSAFA") at the time of his birth. Through his mother he brought legal proceedings against the SSAFA and the Ministry of Defence in the United Kingdom. The SSAFA and the Ministry of Defence then served third party contribution notices on the German hospital, alleging that if there was fault in the birth of Harry Roberts, the hospital was partially responsible. All parties agreed that any tort which had occurred would be governed by German law. The German hospital argued that any right of third party contribution against it was barred because under German law the relevant limitation period had expired. However the SSAFA and the Ministry of Defence argued that the right of contribution was governed not by German law but by English law instead, where the limitation period had not yet expired. Although Harry Roberts was the claimant in the action, the main dispute before the Supreme Court was between the other parties to determine whether the German hospital could be required to contribute to the payment of any damages. The Supreme Court unanimously ruled that the contribution claim was to be determined by German law, and so the relevant limitation period had expired. Accordingly the German hospital had a defence under the German limitation period against any claim for a contribution by the defendants. (en)
appealed from
  • [2020] EWCA Civ 926 (en)
  • [2020] EWHC 994 (en)
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