Bot & Anor v Barnick & Ors

Bot & Anor v Barnick & Ors

No contract existed between the defendants and the second claimant relating to his own health and welfare; no duty of care was owed to him in tort for pure economic loss; causation could not be established for the losses claimed. The claim is bound to fail and must be struck out and/or summary judgment entered for the defendants.

Parties
Claimant: Sue (Susan) Bot; Claimant: Keith Whitehead; Defendant: Christian Barnick; Defendant: Dr Julius Bourke; Defendant: HCA International Limited (wrongly sued as The Portland Hospital)
Jurisdiction
England and Wales
Judgment Date
16 November 2018
Procedural Posture
Civil / Application to Strike Out And/or Summary Judgment
Outcome
claim struck out and summary judgment entered for defendants
Legal Topics
Negligent Misstatement, Breach of Contract, Duty of Care, Pure Economic Loss, Strike Out, Summary Judgment
Contract Tort Negligent Misstatement Breach of Contract Duty of Care Pure Economic Loss Strike Out Summary Judgment

Case Brief

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Parties

Sue (Susan) Bot

Claimant

Keith Whitehead

Claimant

Christian Barnick

Defendant

Dr Julius Bourke

Defendant

HCA International Limited (wrongly sued as The Portland Hospital)

Defendant

Procedural Posture

Civil / Application to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether a contract existed between the defendants and the second claimant relating to his own health and welfare
  2. 2 Whether the defendants owed a duty of care in tort to the second claimant to protect him from pure economic loss
  3. 3 Whether causation could be established for the losses claimed by the second claimant

Ratio Decidendi

No contract existed between the defendants and the second claimant relating to his own health and welfare; no duty of care was owed to him in tort for pure economic loss; causation could not be established for the losses claimed. The claim is bound to fail and must be struck out and/or summary judgment entered for the defendants.

Court Disposition

claim struck out and summary judgment entered for defendants

Orders

  • Second claimant's claim struck out under CPR 3.4(2)(a)
  • Summary judgment entered for defendants under CPR 24.2