Woodward & Anor v Phoenix Healthcare Distribution Ltd [2019]

Court of Appeal
Written By Louise Glover

Woodward & Anor v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 — 12 June 2019 (Bean LJ, Asplin LJ, Nicola Davies LJ)

“In respect of its claim for damages for breach of contract, W issued a claim form on 19 June 2017, the day before expiry of the 6 year limitation period, and sent it, just before its validity expired, 4 months later, to P's solicitors, who had no a…

“In respect of its claim for damages for breach of contract, W issued a claim form on 19 June 2017, the day before expiry of the 6 year limitation period, and sent it, just before its validity expired, 4 months later, to P's solicitors, who had no authority to accept service. Accordingly, service was ineffective, the time bar had passed and the claim form expired. The Court of Appeal declined to allow "retrospective validation of service", the required "good reason" not having been established: Neither P nor its solicitors had a duty to advise of their lack of authorisation, they were not playing "technical games" and conversely W had "courted disaster" by leaving issue and service to the last moment.”

Louise Glover
E. G. Arghyrakis & Co.
12th June 2019

Louise Glover
Previous

Cockett Marine Oil D MCC v Ing Bank NV & Anor [2019]
Next

London Arbitration 12/19