Phoenix Healthcare Distribution Ltd v Woodward and Another: ChD 26 Jul 2018

The appeal raises the following interesting and difficult question: On an application for retrospective validation of what is now accepted to be the defective service of a claim form, and where any new claim would now be statute-barred, is it appropriate for the court to allow a respondent to take advantage of an honest mistake on the part of his opponent giving rise to the defective service, or does the furtherance of the overriding objective of the Civil Procedure Rules, or the court’s reluctance to allow a party to play technical games in respect of service, require the respondent to alert his opponent to the mistake where to do so would be contrary to the respondent’s substantive interests in the litigation?


[2018] EWHC 2152 (Ch)




England and Wales

Litigation Practice

Updated: 27 August 2022; Ref: scu.625489