Bond-Bassom v Hutchinson & Ors [2005] NIQB 86 (28 October 2005)

Bond-Bassom v Hutchinson & Ors [2005] NIQB 86 (28 October 2005)

Order 2 Rule 1 cannot be used to cure a complete failure of service where the defendant was outside the jurisdiction and was not served with the writ; inadvertent inclusion of privileged correspondence in a medical file did not destroy privilege as confidentiality was not lost beyond a limited circle.

Citation
[2005] NIQB 86
Parties
Plaintiff/respondent: Martha Bond-Bassom; Defendant: Dr William David Hutchinson; Defendant: Dr John Edward Moss; Defendant: Dr Gary Nicholas Turk; Defendant/appellant: Dr Ethna McGourty
Jurisdiction
Northern Ireland
Judgment Date
28 October 2005
Procedural Posture
Appeal / Appeal From Master's Decision on Service of Writ and Privilege of Documents
Outcome
Appeal allowed; order of the Master reversed; writ set aside as against the fourth defendant; costs awarded to the fourth defendant but not to be enforced until conclusion of trial.
Legal Topics
Service of Process, Privilege (legal Professional Privilege), Setting Aside Writ, Jurisdiction
Civil Procedure Medical Negligence Service of Process Privilege (legal Professional Privilege) Setting Aside Writ Jurisdiction

Case Brief

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Parties

Martha Bond-Bassom

Plaintiff/respondent

Dr William David Hutchinson

Defendant

Dr John Edward Moss

Defendant

Dr Gary Nicholas Turk

Defendant

Dr Ethna McGourty

Defendant/appellant

Procedural Posture

Appeal / Appeal From Master's Decision on Service of Writ and Privilege of Documents

Legal Issues

  1. 1 Whether service of the writ on the fourth defendant was valid or could be deemed good under Order 2 Rule 1
  2. 2 Whether privilege attached to certain correspondence was lost due to inadvertent disclosure

Ratio Decidendi

Order 2 Rule 1 cannot be used to cure a complete failure of service where the defendant was outside the jurisdiction and was not served with the writ; inadvertent inclusion of privileged correspondence in a medical file did not destroy privilege as confidentiality was not lost beyond a limited circle.

Court Disposition

Appeal allowed; order of the Master reversed; writ set aside as against the fourth defendant; costs awarded to the fourth defendant but not to be enforced until conclusion of trial.

Orders

  • Writ of summons set aside as against the fourth defendant
  • Conditional appearance discharged