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 refusal to adjourn the hearing to allow further evidence was an error, as it prevented a full and just consideration of whether there were good grounds for the second extension of time for service. The interests of justice, particularly where a seriously disabled child is concerned, required that the Claimant be given an opportunity to supplement the sparse evidence. The Master focused too narrowly on the material before him and failed to consider the broader context and overriding objective. The appeal is allowed and the matter is remitted for reconsideration with further evidence.

Citation
[2018] EWHC 346 (QB)
Parties
Claimant/appellant: DDM; First Defendant/respondent: Al-Zahra (Pvt) Hospital; Second Defendant/respondent: Gulf Medical Projects Company; Third Defendant/respondent: Dr Shama Nawaz; Fourth Defendant/respondent: Dr Ganu Naik; Fifth Defendant/respondent: Dr Fadia Suhail Alwan; Sixth Defendant/respondent: Dr Elham Ahmed; Seventh Defendant/respondent: Professor Noha Zaki; Eighth Defendant/respondent: International Radiology Centre
Jurisdiction
England and Wales
Judgment Date
23 February 2018
Procedural Posture
Appeal / Judgment on Appeal From 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, CPR 7.5 and 7.6
Civil Procedure Medical Negligence Extension of Time for Service Service Out of Jurisdiction Wrongful Birth Limitation Period Practice Direction 7 a CPR 7.5 and 7.6

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Parties

DDM

Claimant/appellant

Al-Zahra (Pvt) Hospital

First Defendant/respondent

Gulf Medical Projects Company

Second Defendant/respondent

Dr Shama Nawaz

Third Defendant/respondent

Dr Ganu Naik

Fourth Defendant/respondent

Dr Fadia Suhail Alwan

Fifth Defendant/respondent

Dr Elham Ahmed

Sixth Defendant/respondent

Professor Noha Zaki

Seventh Defendant/respondent

International Radiology Centre

Eighth Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From 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 refusal to adjourn to allow further evidence was an error
  3. 3 Whether the requirements of Practice Direction 7A were met for the extension applications

Ratio Decidendi

The refusal to adjourn the hearing to allow further evidence was an error, as it prevented a full and just consideration of whether there were good grounds for the second extension of time for service. The interests of justice, particularly where a seriously disabled child is concerned, required that the Claimant be given an opportunity to supplement the sparse evidence. The Master focused too narrowly on the material before him and failed to consider the broader context and overriding objective. The appeal is allowed and the matter is remitted for reconsideration with further evidence.

Court Disposition

Appeal allowed

Orders

  • Matter remitted for reconsideration with further evidence to be admitted.