Foran v Secret Surgery Ltd & Ors [2016] EWHC 1029 (QB) (06 May 2016)

Foran v Secret Surgery Ltd & Ors [2016] EWHC 1029 (QB) (06 May 2016)

The evidence provided by the Claimant's solicitors did not amount to a good reason for the delay in serving the claim form, and the Master failed to properly consider the expiry of the limitation period and the loss of the Defendants' limitation defence. The decision to grant an extension of time was therefore wrong and must be set aside.

Citation
[2016] EWHC 1029
Parties
Claimant/respondent: Michelle Foran; Defendant/appellant: Secret Surgery Limited; Defendant/appellant: Powszechny Zaklad Ubezpieczen Spolka Akcyjna; Defendant/appellant: Wojciech Waclawowicz; Defendant/appellant: EMC Instytut Medyczny Spolka Ackyjna
Jurisdiction
England and Wales
Judgment Date
06 May 2016
Procedural Posture
Appeal / Judgment on Appeal Against Order Extending Time for Service of Claim Form
Outcome
Appeal allowed; Master's order set aside
Legal Topics
Extension of Time for Service of Claim Form, Limitation Period, Service Out of Jurisdiction, Clinical Negligence
Civil Procedure Personal Injury Extension of Time for Service of Claim Form Limitation Period Service Out of Jurisdiction Clinical Negligence

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Parties

Michelle Foran

Claimant/respondent

Secret Surgery Limited

Defendant/appellant

Powszechny Zaklad Ubezpieczen Spolka Akcyjna

Defendant/appellant

Wojciech Waclawowicz

Defendant/appellant

EMC Instytut Medyczny Spolka Ackyjna

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Order Extending Time for Service of Claim Form

Legal Issues

  1. 1 Whether the Master erred in granting an extension of time for service of the claim form under CPR 7.6(2)
  2. 2 Whether a good reason was shown for the delay in service
  3. 3 Whether the expiry of the limitation period and loss of limitation defence was properly considered

Ratio Decidendi

The evidence provided by the Claimant's solicitors did not amount to a good reason for the delay in serving the claim form, and the Master failed to properly consider the expiry of the limitation period and the loss of the Defendants' limitation defence. The decision to grant an extension of time was therefore wrong and must be set aside.

Court Disposition

Appeal allowed; Master's order set aside

Orders

  • The order granting extension of time for service of the claim form is set aside.
  • Consequential orders to be agreed by the parties or determined at a further hearing if necessary.