Martin v Kaisary & Anor [2005] EWCA Civ 594 (16 March 2005)

Martin v Kaisary & Anor [2005] EWCA Civ 594 (16 March 2005)

The addition of the Trust as a defendant was not 'necessary' under CPR 19.5(3)(b) because the claim against Mr Kaisary could properly be carried on without the Trust being joined; the actions of the hospital staff could be examined through witness evidence without making the Trust a party.

Source-derived case information.

Citation
[2005] EWCA Civ 594
Parties
Claimant/appellant: Peter Francis Martin; First Defendant/respondent: Amir Kaisary; Second Defendant/respondent: The Royal Free Hospital Trust
Jurisdiction
England and Wales
Judgment Date
16 March 2005
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Joinder of Parties, Limitation of Actions, Civil Procedure Rules (cpr) 19.5, Vicarious Liability, Medical Negligence
Civil Procedure Medical Negligence Joinder of Parties Limitation of Actions Civil Procedure Rules (cpr) 19.5 Vicarious Liability

Source-derived case record

Summary, issues, holding and outcome

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Parties

Peter Francis Martin

Claimant/appellant

Amir Kaisary

First Defendant/respondent

The Royal Free Hospital Trust

Second Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the addition of the Royal Free Hospital Trust as a defendant after expiry of the limitation period is 'necessary' under CPR 19.5(2) and (3)(b)
  2. 2 Whether the claim against the original defendant (Mr Kaisary) cannot properly be carried on unless the Trust is added as a defendant

Ratio Decidendi

The addition of the Trust as a defendant was not 'necessary' under CPR 19.5(3)(b) because the claim against Mr Kaisary could properly be carried on without the Trust being joined; the actions of the hospital staff could be examined through witness evidence without making the Trust a party.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs (payment to be deferred until end of case)