DDM v Al-Zahra (PVT) Hospital & Ors [2018] EWHC 346 (QB) (23 February 2018)

DDM v Al-Zahra (PVT) Hospital & Ors [2018] EWHC 346 (QB) (23 February 2018)

The Master erred in refusing an adjournment to allow further evidence from the Claimant, particularly where the interests of a seriously disabled child were engaged and the evidence supporting the extension, though sparse, could have been supplemented. The decision to set aside the second extension order was therefore wrong, as the overriding objective required the court to deal with the case justly and to consider all relevant material.

Citation
[2018] EWHC 346
Parties
Claimant/appellant: DDM; Defendant/respondent: Al-Zahra (Pvt) Hospital; Defendant/respondent: Gulf Medical Projects Company; Defendant/respondent: Dr Shama Nawaz; Defendant/respondent: Dr Ganu Naik; Defendant/respondent: Dr Fadia Suhail Alwan; Defendant/respondent: Dr Elham Ahmed; Defendant/respondent: Professor Noha Zaki; Defendant/respondent: International Radiology Centre
Jurisdiction
England and Wales
Judgment Date
23 February 2018
Procedural Posture
Appeal / Judgment on Appeal From Master's Order Setting Aside Extension of Time for Service of Claim Form
Outcome
Appeal allowed
Legal Topics
Extension of Time for Service, Service Out of Jurisdiction, Wrongful Birth, Limitation Period, Practice Direction 7 a Compliance, CPR 7.5 and 7.6, Adjournment of Hearings
Civil Procedure Medical Negligence Extension of Time for Service Service Out of Jurisdiction Wrongful Birth Limitation Period Practice Direction 7 a Compliance CPR 7.5 and 7.6 +1 more

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Parties

DDM

Claimant/appellant

Al-Zahra (Pvt) Hospital

Defendant/respondent

Gulf Medical Projects Company

Defendant/respondent

Dr Shama Nawaz

Defendant/respondent

Dr Ganu Naik

Defendant/respondent

Dr Fadia Suhail Alwan

Defendant/respondent

Dr Elham Ahmed

Defendant/respondent

Professor Noha Zaki

Defendant/respondent

International Radiology Centre

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From Master's Order Setting Aside Extension of Time for Service of Claim Form

Legal Issues

  1. 1 Whether the Master erred in setting aside the second extension of time for service of the claim form
  2. 2 Whether the Master should have granted an adjournment to allow further evidence from the Claimant
  3. 3 Whether the evidence before the court justified the extension of time for service under CPR 7.6(2)

Ratio Decidendi

The Master erred in refusing an adjournment to allow further evidence from the Claimant, particularly where the interests of a seriously disabled child were engaged and the evidence supporting the extension, though sparse, could have been supplemented. The decision to set aside the second extension order was therefore wrong, as the overriding objective required the court to deal with the case justly and to consider all relevant material.

Court Disposition

Appeal allowed

Orders

  • The order of Master Cook setting aside the second extension of time for service is set aside.
  • The matter is remitted for further consideration with the opportunity for the Claimant to provide further evidence.