Pitalia & Anor v NHS Commissioning Board [2022] EWHC 1636 (QB) (24 June 2022)

Pitalia & Anor v NHS Commissioning Board [2022] EWHC 1636 (QB) (24 June 2022)

The Respondent's application to strike out, though not expressly made under CPR 11, was made in time, clearly challenged jurisdiction, and should be treated as an application under CPR 11.1. Therefore, the Respondent did not lose the right to challenge jurisdiction, and the District Judge was correct to strike out the claim for late service.

Citation
[2022] EWHC 1636 (QB)
Parties
Appellant/claimant: Dr Sanjay Pitalia; Appellant/claimant: Dr Shikha Pitalia; Respondent/defendant: NHS Commissioning Board
Jurisdiction
England and Wales
Judgment Date
24 June 2022
Procedural Posture
Civil Appeal / Appeal From Order Striking Out Claim for Non Compliance With Service Rules
Outcome
Appeal dismissed
Legal Topics
Service of Claim Form, Jurisdiction, CPR 11, CPR 3.10, CPR 7.5, CPR 7.6, CPR 6.15, CPR 6.16, Strike Out Applications
Civil Procedure Service of Claim Form Jurisdiction CPR 11 CPR 3.10 CPR 7.5 CPR 7.6 CPR 6.15 +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

Dr Sanjay Pitalia

Appellant/claimant

Dr Shikha Pitalia

Appellant/claimant

NHS Commissioning Board

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Order Striking Out Claim for Non Compliance With Service Rules

Legal Issues

  1. 1 Whether the Respondent lost the right to challenge the validity of the claim form by not making an application under CPR 11 after filing an acknowledgment of service
  2. 2 Whether the Respondent's application to strike out could be treated as an application under CPR 11
  3. 3 Whether the District Judge erred in refusing to extend time for service or dispense with service

Ratio Decidendi

The Respondent's application to strike out, though not expressly made under CPR 11, was made in time, clearly challenged jurisdiction, and should be treated as an application under CPR 11.1. Therefore, the Respondent did not lose the right to challenge jurisdiction, and the District Judge was correct to strike out the claim for late service.

Court Disposition

Appeal dismissed

Orders

  • The order striking out the claim is upheld.
  • No extension of time for service or dispensation with service is granted.