Joan Angela Kember v (As Personal Representative of the Estate of Leonard John Kember, Deceased And On Her Own Behalf And On Behalf of His Dependants)

Joan Angela Kember v (As Personal Representative of the Estate of Leonard John Kember, Deceased And On Her Own Behalf And On Behalf of His Dependants)

Although the Master misdirected himself by focussing on the timing of the application for relief from sanction, the misdirection was not material; the decision to refuse extension of time for Defence and relief from sanction was correct given the serious and significant breach, lack of good reason, and the need to uphold compliance with court rules.

Parties
Respondent/claimant: Joan Angela Kember; Appellant/defendant: Croydon Health Services NHS Trust; Appellant/defendant: King's College Hospital NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
26 July 2019
Procedural Posture
Appeal / Judgment on Appeal Against Refusal to Extend Time for Defence and Relief From Sanction
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Relief From Sanction, Compliance With Court Rules, Case Management, Clinical Negligence
Civil Procedure Clinical Negligence Extension of Time Relief From Sanction Compliance With Court Rules Case Management

Case Brief

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Parties

Joan Angela Kember

Respondent/claimant

Croydon Health Services NHS Trust

Appellant/defendant

King's College Hospital NHS Foundation Trust

Appellant/defendant

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Extend Time for Defence and Relief From Sanction

Legal Issues

  1. 1 Whether the Master erred in refusing extension of time for Defence
  2. 2 Whether relief from sanction was required under CPR 15.4
  3. 3 Whether the breach was serious and significant

Ratio Decidendi

Although the Master misdirected himself by focussing on the timing of the application for relief from sanction, the misdirection was not material; the decision to refuse extension of time for Defence and relief from sanction was correct given the serious and significant breach, lack of good reason, and the need to uphold compliance with court rules.

Court Disposition

Appeal dismissed

Orders

  • Defendants may only defend the claim on quantum, not on the merits