Arlington House Ltd & Ors v Torbay Care Trust Pt Hd [2013] EWHC 4466 (QB) (12 April 2013)

Arlington House Ltd & Ors v Torbay Care Trust Pt Hd [2013] EWHC 4466 (QB) (12 April 2013)

The claim for breach of contract under the umbrella agreement and individual care contracts discloses a real prospect of success and should proceed to trial; however, the claims for tortious interference with third-party contracts, breach of duty of care, and damages under the Human Rights Act 1998 are not properly pleaded or do not disclose an arguable cause of action and are struck out.

Citation
[2013] EWHC 4466
Parties
Claimant/respondent: Arlington House Ltd; Claimant/respondent: Mrs Caroline Susan Clerk; Claimant/respondent: Mr Alexander Mann; Defendant/appellant: Torbay Care Trust PT HD
Jurisdiction
England and Wales
Judgment Date
12 April 2013
Procedural Posture
Civil / Interlocutory Application (strike Out/summary Judgment)
Outcome
Application granted in part and dismissed in part
Legal Topics
Breach of Contract, Inducing Breach of Contract, Duty of Care, Human Rights Act 1998, Article 1 First Protocol ECHR, Summary Judgment, Strike Out Application
Contract Law Tort Law Human Rights Breach of Contract Inducing Breach of Contract Duty of Care Human Rights Act 1998 Article 1 First Protocol ECHR +2 more

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Parties

Arlington House Ltd

Claimant/respondent

Mrs Caroline Susan Clerk

Claimant/respondent

Mr Alexander Mann

Claimant/respondent

Torbay Care Trust PT HD

Defendant/appellant

Procedural Posture

Civil / Interlocutory Application (strike Out/summary Judgment)

Legal Issues

  1. 1 Whether the claimants have a real prospect of success on their claim for breach of contract under the umbrella agreement and individual care contracts
  2. 2 Whether claims for tortious interference with third-party contracts, breach of duty of care, and damages under the Human Rights Act 1998 disclose arguable causes of action

Ratio Decidendi

The claim for breach of contract under the umbrella agreement and individual care contracts discloses a real prospect of success and should proceed to trial; however, the claims for tortious interference with third-party contracts, breach of duty of care, and damages under the Human Rights Act 1998 are not properly pleaded or do not disclose an arguable cause of action and are struck out.

Court Disposition

Application granted in part and dismissed in part

Orders

  • Paragraphs 30 to 36 of the particulars of claim are struck out
  • Application for summary judgment in relation to paragraph 28 is dismissed