Arlington House Ltd & Ors v Torbay Care Trust Pt Hd

Arlington House Ltd & Ors v Torbay Care Trust Pt Hd

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. The claims for breach of duty of care, tortious interference with third-party contracts, and damages under the Human Rights Act 1998 do not disclose arguable causes of action and are struck out.

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 and Summary Judgment)
Outcome
Application to strike out and for summary judgment granted in part; claims for breach of duty of care, tortious interference, and Human Rights Act damages struck out; claim for breach of contract to proceed to trial; costs reserved to trial judge.
Legal Topics
Breach of Contract, Tortious Interference, Duty of Care, Human Rights Act 1998, Summary Judgment, Strike Out Application
Contract Law Tort Law Human Rights Breach of Contract Tortious Interference Duty of Care Human Rights Act 1998 Summary Judgment +1 more

Case Brief

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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 and Summary Judgment)

Legal Issues

  1. 1 Whether the claim for breach of contract should proceed to trial
  2. 2 Whether claims for tortious interference, breach of duty of care, and damages under the Human Rights Act 1998 disclose arguable causes of action
  3. 3 Whether summary judgment or strike out is appropriate for the pleaded claims

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. The claims for breach of duty of care, tortious interference with third-party contracts, and damages under the Human Rights Act 1998 do not disclose arguable causes of action and are struck out.

Court Disposition

Application to strike out and for summary judgment granted in part; claims for breach of duty of care, tortious interference, and Human Rights Act damages struck out; claim for breach of contract to proceed to trial; costs reserved to trial judge.

Orders

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