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 loss of the Defendants' limitation defence and erred in law by granting the extension; therefore, the extension of time was wrongly granted and the appeal must be allowed.

Citation
[2016] EWHC 1029 (QB)
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
Legal Topics
Extension of Time for Service of Claim Form, Limitation Periods, Service Out of Jurisdiction, Clinical Negligence
Civil Procedure Personal Injury Extension of Time for Service of Claim Form Limitation Periods 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) after expiry of the limitation period
  2. 2 Whether the evidence provided a good reason for the delay in service
  3. 3 Whether the Master failed to consider the loss of the Defendants' limitation defence

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 loss of the Defendants' limitation defence and erred in law by granting the extension; therefore, the extension of time was wrongly granted and the appeal must be allowed.

Court Disposition

Appeal allowed

Orders

  • Order of Master Roberts granting extension of time for service of claim form set aside
  • Consequential orders to be agreed by the parties or determined at a further hearing if necessary