Chris Snell: Woodward & another v Phoenix Healthcare Distribution Limited
12 Jun 2019
On 12 June 2019 the Court of Appeal, consisting of Lord Justice Bean; Lady Justice Asplin and Lady Justice Nicola Davies, handed down Judgment in the case of Woodward & anor. v Phoenix Healthcare Distribution Limited (“Phoenix”).
The appeal to the Court of Appeal was a second appeal; HHJ Hodge QC (sitting as a Judge of the High Court), having previously allowed Phoenix’s appeal against the 1st instance decision of Master Bowles whereby the Master acceded to the Appellants’ application to retrospectively validate steps taken to serve Phoenix with the claim form pursuant to CPR 6.15(1) and (2).
The central question that the Court of Appeal was asked to consider was in what circumstances is it appropriate, on an application for retrospective validation of service under CPR 6.15, to allow a defendant to take advantage of a mistake on the part of a claimant giving rise to defective service where any new claim would be time-barred.
Chris Snell was instructed by Lexlaw Solicitors & Advocates of 4 Middle Temple Lane, London.
Click here to view Chris' summary of the case in full
Click here to view judgment