Phoenix Healthcare Distribution Ltd v Woodward and another

Claim form – Service. The defendant company's appeal succeeded, in a case concerning the failure of the claimants' solicitors to serve a claim form on the defendant's solicitors within the required time limits. The Chancery Division held that the instant case was not one in which the defendant, or its solicitors, had been in any way responsible for the claimant's difficulty. There was no reason why the claimant ought to be absolved from its, or its solicitors', errors at the expense of the defendant's accrued limitation defence.

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