Al-Zahra (PVT) Hospital & Ors v DDM [2019] EWCA Civ 1103 (27 June 2019)

Al-Zahra (PVT) Hospital & Ors v DDM [2019] EWCA Civ 1103 (27 June 2019)

The Court of Appeal held that the High Court was correct to treat the hearing as a rehearing and to admit further evidence. Both extensions of time for service out of the jurisdiction were properly granted, given the procedural difficulties in effecting service in the UAE and the Defendants' non-responsiveness. The refusal of an adjournment by the Master was an error, as it prevented the Claimant from presenting further evidence relevant to the application. The strict approach to extensions under CPR 7.6 was maintained, but the facts justified the orders in this case.

Citation
[2019] EWCA Civ 1103
Parties
Appellant/defendant: Al-Zahra (Pvt) Hospital; Appellant/defendant: Gulf Medical Projects Company; Appellant/defendant: Dr Shama Nawaz; Appellant/defendant: Dr Ganu Naik; Appellant/defendant: Dr Fadia Suhail Alwan (also known as Dr Fadya Suhail Al Rayes); Appellant/defendant: Dr Elham Ahmed; Appellant/defendant: Professor Noha Zaki; Appellant/defendant: International Radiology Centre; Respondent/claimant: DDM
Jurisdiction
England and Wales
Judgment Date
27 June 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Extension of Time for Service, Service Out of Jurisdiction, Practice Direction 7 a, CPR 7.5, CPR 7.6, Limitation Periods, Admission of Fresh Evidence on Appeal
Civil Procedure Extension of Time for Service Service Out of Jurisdiction Practice Direction 7 a CPR 7.5 CPR 7.6 Limitation Periods Admission of Fresh Evidence on Appeal

Case Brief

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Parties

Al-Zahra (Pvt) Hospital

Appellant/defendant

Gulf Medical Projects Company

Appellant/defendant

Dr Shama Nawaz

Appellant/defendant

Dr Ganu Naik

Appellant/defendant

Dr Fadia Suhail Alwan (also known as Dr Fadya Suhail Al Rayes)

Appellant/defendant

Dr Elham Ahmed

Appellant/defendant

Professor Noha Zaki

Appellant/defendant

International Radiology Centre

Appellant/defendant

DDM

Respondent/claimant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the High Court was correct to uphold two extensions of time for service of a claim form out of the jurisdiction under CPR 7.6.
  2. 2 Whether further evidence (Wainwright III) was properly admitted on appeal.
  3. 3 Whether the refusal of an adjournment by the Master was an error of law.

Ratio Decidendi

The Court of Appeal held that the High Court was correct to treat the hearing as a rehearing and to admit further evidence. Both extensions of time for service out of the jurisdiction were properly granted, given the procedural difficulties in effecting service in the UAE and the Defendants' non-responsiveness. The refusal of an adjournment by the Master was an error, as it prevented the Claimant from presenting further evidence relevant to the application. The strict approach to extensions under CPR 7.6 was maintained, but the facts justified the orders in this case.

Court Disposition

Appeal dismissed

Orders

  • Both extensions of time for service out of the jurisdiction upheld.
  • Further evidence (Wainwright III) properly admitted on rehearing.