Wood v Days Health UK Ltd & Ors

Wood v Days Health UK Ltd & Ors

The agreement between the claimant and D2 was a contract for the sale of the riser unit, D2 breached the contract, and the breach caused injury to the claimant. D1 was not permitted to withdraw its admission of liability as there was no new evidence and the prejudice to the claimant and other parties outweighed D1's interests. The claim against D5 was struck out as there was no factual or contractual basis for liability.

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
Civil / Interlocutory Applications Ruling
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 for contribution claims.
Legal Topics
Summary Judgment, Withdrawal of Admission, Strike Out Application, Contribution Claims, Sale of Goods, Personal Injury, Limitation, Agency, NHS Contractual Arrangements
Contract Law Tort Law Product Liability Civil Procedure Summary Judgment Withdrawal of Admission Strike Out Application Contribution Claims +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

Civil / Interlocutory Applications Ruling

Legal Issues

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

Ratio Decidendi

The agreement between the claimant and D2 was a contract for the sale of the riser unit, D2 breached the contract, and the breach caused injury to the claimant. D1 was not permitted to withdraw its admission of liability as there was no new evidence and the prejudice to the claimant and other parties outweighed D1's interests. The claim against D5 was struck out as there was no factual or contractual 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 for contribution claims.

Orders

  • Summary judgment for claimant against D2 on contract, breach, and causation of injury
  • D2 granted leave to amend defence to claim contribution from D1 and D4