A claim has been struck out in the Court of Appeal after papers were served to an old address in England whilst the surgeon practised full-time in Italy.
Murrills v Berlanda
Howard Elgot has successfully had a claim against a plastic surgeon struck out in the Court of Appeal.
Howard, who regularly undertakes claims with a foreign dimension, particularly claims relating to Italy, represented Dr Berlanda. The claim form was served at an address in England that had not been used by Dr Berlanda for many years. The Court of Appeal held that the claim form should have been served on Dr Berlanda in Italy where he now practises, so the claim should therefore be struck out.