Wood v Days Health UK Ltd & Ors [2016] EWHC 1079 (QB) (09 May 2016)

Wood v Days Health UK Ltd & Ors [2016] EWHC 1079 (QB) (09 May 2016)

There was a contract between C and D2 for the sale of the riser unit; D2 breached that contract and caused injury to C; D2's arguments to the contrary had no real prospect of success; D1's application to withdraw its admission of liability was refused as there was no new evidence and D1 took a calculated risk; C's claim against D5 disclosed no reasonable grounds and was struck out.

Citation
[2016] EWHC 1079 (QB)
Parties
Claimant: S E Wood; First Defendant: Days Health UK Limited; Second Defendant: The Secretary of State for Health; Third Defendant: Shropshire Community Health Service; Fourth Defendant: Balle/S (T/A F Reac A/S); Fifth Defendant: Berwick Care Equipment Limited
Jurisdiction
England and Wales
Judgment Date
09 May 2016
Procedural Posture
Personal Injury/contract/interlocutory Applications / Interlocutory (applications for Summary Judgment, Amendment, Strike Out, Withdrawal of Admission)
Outcome
Summary judgment for C against D2 on contract; D1's application to withdraw admission refused; D5's application to strike out granted; D2 permitted to amend defence to claim contribution from D1 and D4; D4 permitted to amend defence.
Legal Topics
Summary Judgment, Withdrawal of Admission, Strike Out, Sale of Goods, Contribution Claims, Limitation, Agency, Implied Terms, Consumer Protection
Contract Law Tort Law Product Liability Civil Procedure Summary Judgment Withdrawal of Admission Strike Out Sale of Goods +5 more

Case Brief

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Parties

S E Wood

Claimant

Days Health UK Limited

First Defendant

The Secretary of State for Health

Second Defendant

Shropshire Community Health Service

Third Defendant

Balle/S (T/A F Reac A/S)

Fourth Defendant

Berwick Care Equipment Limited

Fifth Defendant

Procedural Posture

Personal Injury/contract/interlocutory Applications / Interlocutory (applications for Summary Judgment, Amendment, Strike Out, Withdrawal of Admission)

Legal Issues

  1. 1 Whether D2 contracted with C for the sale of the riser unit and breached that contract
  2. 2 Whether D1 should be permitted to withdraw its pre-action admission of liability
  3. 3 Whether C has a viable claim against D5

Ratio Decidendi

There was a contract between C and D2 for the sale of the riser unit; D2 breached that contract and caused injury to C; D2's arguments to the contrary had no real prospect of success; D1's application to withdraw its admission of liability was refused as there was no new evidence and D1 took a calculated risk; C's claim against D5 disclosed no reasonable grounds and was struck out.

Court Disposition

Summary judgment for C against D2 on contract; D1's application to withdraw admission refused; D5's application to strike out granted; D2 permitted to amend defence to claim contribution from D1 and D4; D4 permitted to amend defence.

Orders

  • Summary judgment for C against D2 on contract, breach, and causation of injury
  • D1's application to withdraw admission of liability and concession on contributory negligence dismissed