Wood v Days Healthcare UK Ltd & Ors

Wood v Days Healthcare UK Ltd & Ors

The judge erred by failing to give proper weight to the significant new evidence regarding the increase in quantum and to the existence of summary judgment against another defendant, and by overemphasising finality at the expense of a fair outcome; thus, permission to withdraw the pre-action admission should have been granted.

Parties
Claimant/respondent: Susan Wood; First Defendant/appellant: Days Healthcare UK Limited; Second Defendant: The Secretary of State for Health; Third Defendant: Shropshire Community Health Service; Fourth Defendant: Balle A/S (T/A F Reac A/S); Fifth Defendant: Berwick Care Equipment Limited
Jurisdiction
England and Wales
Judgment Date
13 December 2017
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Application to Withdraw Pre Action Admission of Liability
Outcome
Appeal allowed
Legal Topics
Withdrawal of Pre Action Admission, Discretionary Powers of Court, Summary Judgment, Liability in Tort and Contract
Civil Procedure Personal Injury Withdrawal of Pre Action Admission Discretionary Powers of Court Summary Judgment Liability in Tort and Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Susan Wood

Claimant/respondent

Days Healthcare UK Limited

First Defendant/appellant

The Secretary of State for Health

Second Defendant

Shropshire Community Health Service

Third Defendant

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

Fourth Defendant

Berwick Care Equipment Limited

Fifth Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Application to Withdraw Pre Action Admission of Liability

Legal Issues

  1. 1 Whether the judge erred in refusing permission to withdraw a pre-action admission of liability under CPR Pt 14.1A
  2. 2 Whether new evidence or change in quantum justified withdrawal of admission
  3. 3 Proper approach to balancing finality and fairness in withdrawal applications

Ratio Decidendi

The judge erred by failing to give proper weight to the significant new evidence regarding the increase in quantum and to the existence of summary judgment against another defendant, and by overemphasising finality at the expense of a fair outcome; thus, permission to withdraw the pre-action admission should have been granted.

Court Disposition

Appeal allowed

Orders

  • Set aside the High Court order refusing permission to withdraw the admission
  • Permission granted to Days Healthcare UK Limited to withdraw the pre-action admission of liability