Uniplex UK Ltd v NHS Business Services Authority [2009] EWCA Civ 765 (EU Case)

Court of Appeal

Facts: Uniplex UK Ltd challenged a provision under Regulation 47(7)(b) of the 2006 Regulations, which required proceedings to be brought promptly and within three months. Uniplex argued that the national provision’s discretionary nature led to uncertainty and potentially violated Directive 89/665.

Held: The Court examined whether the national provision could dismiss actions as out of time based on a discretionary assessment of promptness, even before the three-month period had expired. The Court found that such discretion could lead to unpredictability and did not ensure effective transposition of the Directive. The Court ruled that Article 1(1) of Directive 89/665 precludes national provisions that allow courts to dismiss claims as out of time based on an imprecise assessment of promptness. Such provisions did not align with the Directive's requirement for effective legal remedies.

Key Judicial Statement: Lord Justice Jacob noted, "A national provision permitting discretionary dismissal for 'promptness' without clear, predictable standards does not meet the Directive's requirement for effective judicial review."