ST v BAI (SA) (t/a Brittany Ferries) (Rev1) [2022] EWCA Civ 1037 (27 July 2022)

ST v BAI (SA) (t/a Brittany Ferries) (Rev1) [2022] EWCA Civ 1037 (27 July 2022)

The admiralty registrar's evaluation of difficulties in service as a 'middling-good' reason for extension of time was within the range of reasonable decisions; the judge erred in substituting his own assessment and mischaracterising the reason as non-existent. The registrar's balancing of hardship and procedural factors was not plainly wrong.

Citation
[2022] EWCA Civ 1037
Parties
Claimant/appellant: ST; Defendant/respondent: BAI (SA) trading as Brittany Ferries
Jurisdiction
England and Wales
Judgment Date
27 July 2022
Procedural Posture
Civil Appeal / Second Appeal From High Court Decision
Outcome
Appeal allowed; order of 5 August 2020 reinstated; claim not struck out.
Legal Topics
Extension of Time for Service, Limitation Period, Service Out of Jurisdiction, Athens Convention, Negligence
Civil Procedure Personal Injury Admiralty Law Extension of Time for Service Limitation Period Service Out of Jurisdiction Athens Convention Negligence

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Parties

ST

Claimant/appellant

BAI (SA) trading as Brittany Ferries

Defendant/respondent

Procedural Posture

Civil Appeal / Second Appeal From High Court Decision

Legal Issues

  1. 1 Whether the judge misdirected himself as to the correct approach under CPR 7.6(2)
  2. 2 Whether the judge wrongly substituted his own assessment for that of the admiralty registrar
  3. 3 Whether difficulties in service amounted to a good reason for extension of time

Ratio Decidendi

The admiralty registrar's evaluation of difficulties in service as a 'middling-good' reason for extension of time was within the range of reasonable decisions; the judge erred in substituting his own assessment and mischaracterising the reason as non-existent. The registrar's balancing of hardship and procedural factors was not plainly wrong.

Court Disposition

Appeal allowed; order of 5 August 2020 reinstated; claim not struck out.

Orders

  • Extension of time for service of claim form granted until 14 December 2020
  • Claim to proceed against BAI (SA) trading as Brittany Ferries