Roberts v SSAFA/MOD: Governing Law In A Contribution Claim

The English claimant brought a claim in England against the English defendant for alleged negligence which took place in Germany. The English defendant issued Part 20 proceedings against the German Part 20 defendant. The English defendant based its claim on the Civil Liability (Contribution) Act 1978 (and such a claim was not time-barred). However, the Part 20 defendant argued that German law applied to the contribution claim, and under German law such a claim would be time-barred.

The preliminary issue to be decided was therefore whether the English 1978 Act always applies to all proceedings for contribution which are brought in England and Wales. Soole J has now held that it does, although he rejected the argument that the Act applies simply because the claim is brought here. Lord Sumption in Cox v Ergo Versicherung (2014) held that there is '...a presumption against extraterritorial application which is more or less strong depending on the subject matter".