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Court of Appeal holds that a solicitor had no obligation to draw attention to a fatal error in service (Woodward v Phoenix Healthcare Distribution Ltd)

Published on: 13 June 2019
Published by: LexisPSL
  • Court of Appeal holds that a solicitor had no obligation to draw attention to a fatal error in service (Woodward v Phoenix Healthcare Distribution Ltd)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?

Article summary

Dispute Resolution analysis: The Court of Appeal held that the solicitor for the defendant did not have an obligation to notify the claimant’s solicitors that service on it had been invalid. The responsibility for bad service was wholly due to the error of the claimant solicitor serving the claim form on a solicitor that was not instructed to accept service. It would therefore be wrong to deprive the defendant of the accrued benefit of a limitation defence. or take a trial to read the full analysis.

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