HARLEY V SMITH AND KHALIFA A ALGOSAIBI DIVING AND MARINE SERVICES

[2009] EWHC 56 (QB), Queen's Bench Division, Mr Justice Foskett, 20 January 2009

Employment – Claim in tort of negligence – Limitation – Application of Saudi Arabian law – Whether ‘undue hardship’ to apply the limitation period of foreign law – Foreign Limitation Periods Act 1984

The three claimants were all professional divers employed by the second defendant, Khalifa A Algosaibi Diving and Marine Services (ADAMS) which provided professional diving and marine services. The first defendant was their supervisor, employed by ADAMS. On 7 May 2003, the three divers were exposed to toxic chemicals while diving in the territorial waters of the Kingdom of Saudi Arabia, resulting in hospitalisation, long-term consequences and a forced change of occupation. The divers claimed in the tort of negligence. The defendants maintained (and the claimants disputed) that the claims were time-barred under Saudi law. If so, the claimants argued that the time bar should be disregarded under the Foreign Limitation Periods Act 1984.