The Weekly Law Reports
[2010] 1 WLR 1412
Supreme Court
*O’Byrne v Aventis Pasteur MSD Ltd
[2010] UKSC 23
2010 April 15;
May 26
May 26
Lord Hope of Craighead DPSC, Lord Saville of Newdigate, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Baroness Hale of Richmond JJSC
Practice— Parties— Substitution— Statutory right to sue producer of defective product— Right enacted in implementation of European Directive providing for long-stop period of ten years after product put into circulation — Claim alleging defective vaccine manufactured by French company but distributed by wholly-owned United Kingdom subsidiary— Action brought within period against distributor — Application after expiry of period for substitution of manufacturer as defendant — Court of Justice ruling that substitution of party outside limitation period permissible only when act of “putting into circulation of the product” determined by parent of wholly-owned supplier subsidiary sued within time limit— Whether determination in question act of transferring product to subsidiary or when to be put into circulation by supplier — Whether substitution to be allowed—
Limitation Act 1980 (c 58), s 35(4)(5)(6)
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CPR
r 19.5(2)(3)
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Council Directive 85/374/EEC, art 11