Allen & Ors v Depuy International Ltd
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
- MR JUSTICE STEWART
Areas of Law
- Tort Law
- Conflict of Laws
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
AI Generated Summary
The case involves claims by ten overseas residents against a UK manufacturer for injuries due to defective prosthetic hip implants. The court ruled that the 1995 Act, not Rome II, is applicable, with New Zealand law applying to some claimants and South African law to others. It was concluded that even if English law were applicable, the Consumer Protection Act 1987 would not extend to these cases.
Judgment
Mr Justice Stewart:
Introduction
The Claimants (“Cs”) claim damages for personal injury. I trust they will not be offended if, rather than referring to them by name, I refer to them as C1, C2 etc. The Defendant (“D”) is a company registered in England. It manufactured prosthetic hip implants in England.
None of the Cs, has, at any material time, been resident in England. C1, C2, and C4 had prosthetic hips implanted in New Zealand. C3’s hip was implanted in Australia and C5 – C10 in South Africa.
As D is domiciled in England, Cs are entitled as of right to bring their claim here, whether or not England is otherwise the appropriate forum. The dispute before me concerns preliminary issues on the applicable law and, if English law applies to any claim, does the Consumer Protection Act 1987 apply?
The preliminary issues in full are set out in the order of Master Cook dated 1 November 2013 which states:
UPON HEARING Leading Counsel for the Claimants and Leading Counsel for the Defendant
AND UPON the parties having agreed that for the purposes of section 11(2)(a) of the Private International Law (Miscellaneous Provisions) Act 1995 only, the injury was sustained in each case in the country in which the Claimant was when he suffered the first alleged symptoms
IT IS ORDERED THAT:
There shall be a preliminary issue trial in respect of each Claimant’s claim, at which the following issues will be determined:
Whether, for the purposes of Article 31 of the Rome II Regulation, the event giving rise to damage in each case occurred:
(a) prior to 11 January 2009, or
(b) on a date to be determined, potentially on or after 11 January 2009.
Insofar as it is determined in respect of any Claimant that the event giving rise to damage occurred potentially on or after 11 January 2009, the court shall give further directions for the determination in each case of the relevant date (whether at a further preliminary issue hearing or at trial).
In relation to each case where it is determined or agreed that the event giving rise to damage occurred prior to 11 January 2009, for the purposes of Article 31 of the Rome II Regulation, the law applicable to that claim pursuant to the Private International Law (Miscellaneous Provisions) Act 1995 .
In the event that English law is found to apply to any of the Claimant’s claims, whether the Consumer Protection Act 1987 applies to such claims…...
Cs represent a cross section of a much larger group of a few hundred overseas