Coltech Recruitment Limited & Anor v Cera Care Limited

Coltech Recruitment Limited & Anor v Cera Care Limited

The written contracts unambiguously identify Coltech Recruitment Limited as the Agency; no admissible evidence supports the Respondent's defence, which has no realistic prospect of success.

Source-derived case information.

Parties
Applicant: Coltech Recruitment Limited; Applicant: 1st PS Limited; Respondent: Cera Care Limited
Jurisdiction
England and Wales
Judgment Date
11 November 2024
Procedural Posture
Application for Summary Judgment / Judgment
Outcome
application allowed; summary judgment granted against the Respondent
Legal Topics
Summary Judgment, Contractual Construction, Identity of Contracting Parties
Contract Law Civil Procedure Summary Judgment Contractual Construction Identity of Contracting Parties

Source-derived case record

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Parties

Coltech Recruitment Limited

Applicant

1st PS Limited

Applicant

Cera Care Limited

Respondent

Procedural Posture

Application for Summary Judgment / Judgment

Legal Issues

  1. 1 Who is the correct contracting party (Agency) under the relevant contracts?
  2. 2 Is there ambiguity in the identity of the Agency?
  3. 3 Is extrinsic evidence admissible to resolve the alleged ambiguity?

Ratio Decidendi

The written contracts unambiguously identify Coltech Recruitment Limited as the Agency; no admissible evidence supports the Respondent's defence, which has no realistic prospect of success.

Court Disposition

application allowed; summary judgment granted against the Respondent

Orders

  • Summary judgment is granted in favour of Coltech Recruitment Limited and 1st PS Limited against Cera Care Limited.