DR SANJAY PITALIA & Anor v NHS COMMISSIONING BOARD

DR SANJAY PITALIA & Anor v NHS COMMISSIONING BOARD

The respondent's application to strike out, though not expressly made under CPR 11, was in substance an application disputing jurisdiction and was made within the required time. The procedural error in not referencing CPR 11 was rectified under CPR 3.10. Therefore, the respondent did not submit to the court's jurisdiction and was entitled to challenge the claim for late service. The district judge was correct to strike out the claim.

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 / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Service of Claim Form, Jurisdiction, CPR 11, CPR 7.5, CPR 3.10, Strike Out
Civil Procedure Service of Claim Form Jurisdiction CPR 11 CPR 7.5 CPR 3.10 Strike Out

Case Brief

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Parties

Dr Sanjay Pitalia

Appellant/claimant

Dr Shikha Pitalia

Appellant/claimant

NHS Commissioning Board

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondent accepted jurisdiction by failing to apply 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 striking out the claim for late service of the claim form

Ratio Decidendi

The respondent's application to strike out, though not expressly made under CPR 11, was in substance an application disputing jurisdiction and was made within the required time. The procedural error in not referencing CPR 11 was rectified under CPR 3.10. Therefore, the respondent did not submit to the court's jurisdiction and was entitled to challenge the claim for late service. The district judge was correct to strike out the claim.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The claim remains struck out.