Whitby v Central Manchester Healthcare NHS Trust [2001] EWCA Civ 1004 (13 June 2001)

Whitby v Central Manchester Healthcare NHS Trust [2001] EWCA Civ 1004 (13 June 2001)

Permission to appeal is granted because there is an arguable case that no binding contract existed and that the substantial difference in the claim amount could justify the exercise of judicial discretion.

Citation
[2001] EWCA Civ 1004
Parties
Claimant/respondent: Whitby (An Infant Suing Eve Whitby Her Mother & Next Friend); Defendant/applicant: Central Manchester Healthcare NHS Trust
Jurisdiction
England and Wales
Judgment Date
13 June 2001
Procedural Posture
Appeal / Permission to Appeal Granted
Outcome
Permission to appeal granted
Legal Topics
Binding Contract, Judicial Discretion, Substantial Difference in Claim
Contract Law Civil Procedure Binding Contract Judicial Discretion Substantial Difference in Claim

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Parties

Whitby (An Infant Suing Eve Whitby Her Mother & Next Friend)

Claimant/respondent

Central Manchester Healthcare NHS Trust

Defendant/applicant

Procedural Posture

Appeal / Permission to Appeal Granted

Legal Issues

  1. 1 Whether there was a binding contract
  2. 2 Whether the difference in the claim amount was sufficiently substantial to warrant judicial discretion

Ratio Decidendi

Permission to appeal is granted because there is an arguable case that no binding contract existed and that the substantial difference in the claim amount could justify the exercise of judicial discretion.

Court Disposition

Permission to appeal granted

Orders

  • Case to be heard by two Lords Justices with an estimate of half a day
  • No order for costs