“…Ground 4 concerned Woodward v Phoenix Healthcare Distribution Limited [2019] EWCA Civ 985, which, in turn cited Barton v Wright Hassall. A1 referred CJ1 and DDJ1 to both cases. A1 did not rely on the facts of Phoenix, or of Barton, which, A1 accepts…”
“…ce on non-compliant service is not one of the instances of opportunism deprecated by the courts (see for example Woodward v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 (“Woodward”) at [48]). The need for particular care in effecting valid service, particularly when there are tight time limits and/or a claimant is operating to…”
“…he 4 months as having “expired”: see eg Barton v Wright Hassall LLP [2018] UKSC 12 at [1] per Lord Sumption, and Woodward v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 at [2] per Asplin LJ, where in each case the judge referred to the claim form as having “expired unserved”. That usage may be influenced by the fact that, as L…”