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 the claimant and D2 for the supply of the riser unit; D2 breached the contract and that breach caused injury. D2 had no real prospect of defending these issues. D1 was not permitted to withdraw its admission of liability as there was no new evidence, D1 took a calculated risk, and prejudice would result to the claimant and D2. The claim against D5 was struck out as there was no factual basis for liability.

Citation
[2016] EWHC 1079
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 / Product Liability / Interlocutory Applications (summary Judgment, Strike Out, Amendment, Withdrawal of Admission)
Outcome
Summary judgment for claimant against D2 on contract; D1's application to withdraw admission dismissed; D5's application to strike out granted; D2 permitted to amend defence to bring contribution claims; D4 permitted to amend defence.
Legal Topics
Summary Judgment, Withdrawal of Admission, Strike Out, Sale of Goods, Consumer Protection, Contribution Claims, Limitation, Contract Formation, Implied Terms, NHS Supply Arrangements
Contract Tort Product Liability Civil Procedure Summary Judgment Withdrawal of Admission Strike Out Sale of Goods +6 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 / Product Liability / Interlocutory Applications (summary Judgment, Strike Out, Amendment, Withdrawal of Admission)

Legal Issues

  1. 1 Whether the claimant had a contract with D2 for the supply of the riser unit
  2. 2 Whether D2 breached the contract and caused injury
  3. 3 Whether D1 should be permitted to withdraw its pre-action admission of liability

Ratio Decidendi

There was a contract between the claimant and D2 for the supply of the riser unit; D2 breached the contract and that breach caused injury. D2 had no real prospect of defending these issues. D1 was not permitted to withdraw its admission of liability as there was no new evidence, D1 took a calculated risk, and prejudice would result to the claimant and D2. The claim against D5 was struck out as there was no factual basis for liability.

Court Disposition

Summary judgment for claimant against D2 on contract; D1's application to withdraw admission dismissed; D5's application to strike out granted; D2 permitted to amend defence to bring contribution claims; D4 permitted to amend defence.

Orders

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