Bluett v Suffolk County Council & Ors [2004] EWCA Civ 1707 (20 December 2004)

Bluett v Suffolk County Council & Ors [2004] EWCA Civ 1707 (20 December 2004)

The claimant's pleaded case did not disclose reasonable grounds for a claim in negligence against the Council, but there was a viable, pleadable case that the Council, through its social worker, assumed responsibility for her accommodation and may have breached a duty of care if it knew or ought to have known of risks at The Foyer. The claim should not be struck out or summarily dismissed before disclosure and trial.

Citation
[2004] EWCA Civ 1707
Parties
Claimant/appellant: Jennifer Bluett; First Defendant/respondent: Suffolk County Council; Second Defendant/respondent: Anglia Housing Group Limited; Third Defendant/respondent: The Foyer for Ipswich Limited; Fourth Defendant/respondent: Wherry Housing Association Limited; Fifth Defendant/respondent: Malcolm Frank George Markwell; Sixth Defendant/respondent: Nighthawk Security Limited; Seventh Defendant/respondent: Richard Ceri Marjoram; Eighth Defendant/respondent: Sarah Rachel Davey; Ninth Defendant/respondent: Joanne Claire Blowers
Jurisdiction
England and Wales
Judgment Date
20 December 2004
Procedural Posture
Civil Appeal / Second Appeal From Summary Judgment/strike Out in Queen's Bench Division
Outcome
Appeal allowed
Legal Topics
Negligence by Public Authorities, Duty of Care, Children Act 1989, Strike Out and Summary Judgment, Assumption of Responsibility
Tort Law Public Law Child Law Negligence by Public Authorities Duty of Care Children Act 1989 Strike Out and Summary Judgment Assumption of Responsibility

Case Brief

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Parties

Jennifer Bluett

Claimant/appellant

Suffolk County Council

First Defendant/respondent

Anglia Housing Group Limited

Second Defendant/respondent

The Foyer for Ipswich Limited

Third Defendant/respondent

Wherry Housing Association Limited

Fourth Defendant/respondent

Malcolm Frank George Markwell

Fifth Defendant/respondent

Nighthawk Security Limited

Sixth Defendant/respondent

Richard Ceri Marjoram

Seventh Defendant/respondent

Sarah Rachel Davey

Eighth Defendant/respondent

Joanne Claire Blowers

Ninth Defendant/respondent

Procedural Posture

Civil Appeal / Second Appeal From Summary Judgment/strike Out in Queen's Bench Division

Legal Issues

  1. 1 Whether Suffolk County Council owed a common law duty of care to the claimant in relation to her accommodation at The Foyer
  2. 2 Whether there was a breach of any such duty
  3. 3 Whether any breach caused the claimant's injuries

Ratio Decidendi

The claimant's pleaded case did not disclose reasonable grounds for a claim in negligence against the Council, but there was a viable, pleadable case that the Council, through its social worker, assumed responsibility for her accommodation and may have breached a duty of care if it knew or ought to have known of risks at The Foyer. The claim should not be struck out or summarily dismissed before disclosure and trial.

Court Disposition

Appeal allowed

Orders

  • Permission to amend particulars of claim granted within the framework indicated in the judgment
  • Claimant to tender proposed amendment by 14 January 2005; if not objected to within 14 days, amendment may be made without further order; if objected to, objection to be determined by a Master