Phoenix Healthcare Distribution Ltd v Woodward & Anor [2018] EWHC 2152 (Ch) (26 July 2018)

Phoenix Healthcare Distribution Ltd v Woodward & Anor [2018] EWHC 2152 (Ch) (26 July 2018)

The appeal is allowed. There is no general duty under CPR 1.3 or the overriding objective for a defendant to notify a claimant of a defect in service, even where the defendant is aware of the error and limitation would otherwise bar the claim. The Master's decision to validate service was wrong in principle and inconsistent with binding Supreme Court authority. The deliberate decision by the defendant not to alert the claimants did not amount to technical game playing sufficient to justify retrospective validation under CPR 6.15.

Citation
[2018] EWHC 2152 (Ch)
Parties
Appellant/defendant: Phoenix Healthcare Distribution Limited; Respondent/claimant: Sally Woodward; Respondent/claimant: Mark Addison
Jurisdiction
England and Wales
Judgment Date
26 July 2018
Procedural Posture
Appeal (civil Procedure) / Appeal From Master's Order Validating Service and Dismissing Application to Set Aside for Want of Jurisdiction
Outcome
Appeal allowed; Master's order set aside
Legal Topics
Service of Process, Retrospective Validation of Service, Limitation Periods, Overriding Objective, Technical Game Playing, CPR 6.15, CPR 1.3
Civil Procedure Service of Process Retrospective Validation of Service Limitation Periods Overriding Objective Technical Game Playing CPR 6.15 CPR 1.3

Case Brief

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Parties

Phoenix Healthcare Distribution Limited

Appellant/defendant

Sally Woodward

Respondent/claimant

Mark Addison

Respondent/claimant

Procedural Posture

Appeal (civil Procedure) / Appeal From Master's Order Validating Service and Dismissing Application to Set Aside for Want of Jurisdiction

Legal Issues

  1. 1 Whether a defendant is under a duty to notify a claimant of defective service under CPR 1.3 and the overriding objective
  2. 2 Whether retrospective validation of service under CPR 6.15 is appropriate where the defendant deliberately withheld notification and limitation would otherwise bar the claim

Ratio Decidendi

The appeal is allowed. There is no general duty under CPR 1.3 or the overriding objective for a defendant to notify a claimant of a defect in service, even where the defendant is aware of the error and limitation would otherwise bar the claim. The Master's decision to validate service was wrong in principle and inconsistent with binding Supreme Court authority. The deliberate decision by the defendant not to alert the claimants did not amount to technical game playing sufficient to justify retrospective validation under CPR 6.15.

Court Disposition

Appeal allowed; Master's order set aside

Orders

  • Order retrospectively validating service of the claim form on the defendant is set aside
  • Defendant's application to set aside for want of jurisdiction is granted