Another cross-border claim heads to the Supreme Court

Over a year ago we wrote about the outcome of the initial appeal in Roberts v SSAFA & AKV, a birth-related injury claim dating back to 2000 which turned on highly involved cross-border litigation issues. At the heart of it is the question of the applicable law between the two defendants (one a British charity and the other a German hospital, both of which had provided medical treatment when the claimant was born).

The previous blog summarised the complex legal points and speculated that the Court of Appeal’s decision last July might not mark the end of the proceedings. That has now proved to be so. The Supreme Court’s website noted, on 17 September, that permission to appeal had been granted back in July. However, the case name now refers just to the two defendants, which strongly suggests (a) that any remaining live issues are only as between them and (b) that the Roberts family’s claim may finally have been resolved. Assuming the issues to be argued before the Supreme Court are the same ones we summarised last year, it looks like the eventual decision about them should be an important one.

Alistair Kinley, Director of Policy & Government Affairs

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