Kember v Croydon Health Services NHS Trust & Anor [2019] EWHC 2297 (QB) (31 July 2019)

Kember v Croydon Health Services NHS Trust & Anor [2019] EWHC 2297 (QB) (31 July 2019)

Although the Master misdirected himself by focussing on relief from sanction, the misdirection was not material; the delay was serious and significant, no good reason was provided, and the sanction imposed was proportionate to the breach. The appeal is dismissed.

Citation
[2019] EWHC 2297
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
31 July 2019
Procedural Posture
Appeal / Appeal From Order Refusing Extension of Time and Relief From Sanction
Outcome
Appeal dismissed
Legal Topics
Extension of Time for Defence, Relief From Sanction, Compliance With Court Rules, Clinical Negligence, Fatal Accident Act Claims
Civil Procedure Clinical Negligence Extension of Time for Defence Relief From Sanction Compliance With Court Rules Fatal Accident Act Claims

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 / Appeal From Order Refusing Extension of Time and Relief From Sanction

Legal Issues

  1. 1 Whether the Master erred in refusing extension of time for service of 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 relief from sanction, the misdirection was not material; the delay was serious and significant, no good reason was provided, and the sanction imposed was proportionate to the breach. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

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