DDM v Al-Zahra (PVT) Hospital & Ors

DDM v Al-Zahra (PVT) Hospital & Ors

The Master erred in refusing an adjournment to allow further evidence and in failing to consider all relevant material, including the Defendants’ failure to respond to correspondence and the procedural realities of service out of jurisdiction. The Claimant’s solicitors took all reasonable steps to effect service, and any deficiencies in the evidence were made good by subsequent witness statements. The interests of justice required the extension to be granted, and relief from sanctions for late acknowledgment of service should be allowed.

Parties
Claimant/appellant: DDM; Defendant/respondent: Al-Zahra (Pvt) Hospital; Defendant/respondent: Gulf Medical Projects Company; Defendant/respondent: Dr Shama Nawaz; Defendant/respondent: Dr Ganu Naik; Defendant/respondent: Dr Fadia Suhail Alwan; Defendant/respondent: Dr Elham Ahmed; Defendant/respondent: Professor Noha Zaki International Radiology Centre
Jurisdiction
England and Wales
Judgment Date
23 February 2018
Procedural Posture
Civil Appeal (medical Negligence) / Appeal From Order Setting Aside Extension of Time for Service of Claim Form
Outcome
Appeal allowed
Legal Topics
Extension of Time for Service of Claim Form, Service Out of Jurisdiction, Wrongful Birth Claim, Limitation Period, Relief From Sanctions
Civil Procedure Medical Negligence Extension of Time for Service of Claim Form Service Out of Jurisdiction Wrongful Birth Claim Limitation Period Relief From Sanctions

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Parties

DDM

Claimant/appellant

Al-Zahra (Pvt) Hospital

Defendant/respondent

Gulf Medical Projects Company

Defendant/respondent

Dr Shama Nawaz

Defendant/respondent

Dr Ganu Naik

Defendant/respondent

Dr Fadia Suhail Alwan

Defendant/respondent

Dr Elham Ahmed

Defendant/respondent

Professor Noha Zaki International Radiology Centre

Defendant/respondent

Procedural Posture

Civil Appeal (medical Negligence) / 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 Claimant's solicitors provided sufficient evidence to justify the extension
  3. 3 Whether the conduct of the Defendants in failing to respond to correspondence was relevant to the exercise of discretion

Ratio Decidendi

The Master erred in refusing an adjournment to allow further evidence and in failing to consider all relevant material, including the Defendants’ failure to respond to correspondence and the procedural realities of service out of jurisdiction. The Claimant’s solicitors took all reasonable steps to effect service, and any deficiencies in the evidence were made good by subsequent witness statements. The interests of justice required the extension to be granted, and relief from sanctions for late acknowledgment of service should be allowed.

Court Disposition

Appeal allowed

Orders

  • Master’s order of 12 July 2017 set aside
  • Extensions of time for service of the claim form restored