O'Shea v Southern Health and Social Care Trust [2014] NIMaster 7 (10 January 2014)

O'Shea v Southern Health and Social Care Trust [2014] NIMaster 7 (10 January 2014)

Although service by tracked airmail did not strictly comply with Article 14 of Regulation (EC) No. 1393/2007 as there was no acknowledgement of receipt, the court exercised its discretion under Order 2, rule 1 to deem service good because the second defendant received notice of the writ within the validity period, suffered no prejudice, and justice required correction of the irregularity rather than forcing the plaintiff to re-serve outside the validity period.

Citation
[2014] NIMaster 7
Parties
Plaintiff: Jack O'Shea; First Defendant: Southern Health and Social Care Trust; Second Defendant: Universitair Ziekenhuis Gent (Ghent University Hospital)
Jurisdiction
Northern Ireland
Judgment Date
10 January 2014
Procedural Posture
Clinical Negligence Claim / Interlocutory Applications Regarding Service of Writ and Amendment of Parties
Outcome
Plaintiff's application granted; second defendant's application dismissed.
Legal Topics
Service of Process Out of Jurisdiction, Interpretation of EU Regulation 1393/2007, Application of Order 2, Rule 1 (curing Irregularity), Limitation Periods Under Foreign Law, Amendment of Parties
Civil Procedure Medical Negligence Private International Law Service of Process Out of Jurisdiction Interpretation of EU Regulation 1393/2007 Application of Order 2, Rule 1 (curing Irregularity) Limitation Periods Under Foreign Law Amendment of Parties

Case Brief

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Parties

Jack O'Shea

Plaintiff

Southern Health and Social Care Trust

First Defendant

Universitair Ziekenhuis Gent (Ghent University Hospital)

Second Defendant

Procedural Posture

Clinical Negligence Claim / Interlocutory Applications Regarding Service of Writ and Amendment of Parties

Legal Issues

  1. 1 Whether service of the writ on the second defendant was valid under Article 14 of Regulation (EC) No. 1393/2007
  2. 2 Whether the court can cure the irregularity in service under Order 2, rule 1
  3. 3 Whether amendment to substitute the correct Health Trust as first defendant should be allowed

Ratio Decidendi

Although service by tracked airmail did not strictly comply with Article 14 of Regulation (EC) No. 1393/2007 as there was no acknowledgement of receipt, the court exercised its discretion under Order 2, rule 1 to deem service good because the second defendant received notice of the writ within the validity period, suffered no prejudice, and justice required correction of the irregularity rather than forcing the plaintiff to re-serve outside the validity period.

Court Disposition

Plaintiff's application granted; second defendant's application dismissed.

Orders

  • Service of the writ on the second defendant by Track and Trace deemed good service under Order 2, rule 1.
  • Plaintiff granted leave to amend the writ to substitute Belfast Health and Social Care Trust as first defendant.