West Bromwich Albion Football Club Ltd. v El-Safty [2005] EWHC 2866 (QB) (14 December 2005)

West Bromwich Albion Football Club Ltd. v El-Safty [2005] EWHC 2866 (QB) (14 December 2005)

There was no contract between WBA and Mr El-Safty as there was no intention to create legal relations; Mr Worth acted as a referring healthcare professional, not as agent for WBA. In tort, although economic loss to WBA was foreseeable, there was insufficient proximity and it was not fair, just or reasonable to impose a duty of care on the Defendant to WBA for economic loss arising from negligent treatment of Mr Appleton.

Citation
[2005] EWHC 2866
Parties
Claimant: West Bromwich Albion Football Club Limited; Defendant: Mr M. M. El-Safty
Jurisdiction
England and Wales
Judgment Date
14 December 2005
Procedural Posture
Preliminary Issue Trial / High Court (queen's Bench Division) Judgment
Outcome
Claim dismissed
Legal Topics
Duty of Care, Negligent Misstatement, Economic Loss, Professional Negligence, Intention to Create Legal Relations
Contract Law Tort Law Medical Negligence Duty of Care Negligent Misstatement Economic Loss Professional Negligence Intention to Create Legal Relations

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Parties

West Bromwich Albion Football Club Limited

Claimant

Mr M. M. El-Safty

Defendant

Procedural Posture

Preliminary Issue Trial / High Court (queen's Bench Division) Judgment

Legal Issues

  1. 1 Whether a contract existed between WBA and Mr El-Safty for the treatment of Mr Appleton
  2. 2 Whether Mr El-Safty owed a duty of care in tort to WBA for economic loss arising from negligent treatment of Mr Appleton

Ratio Decidendi

There was no contract between WBA and Mr El-Safty as there was no intention to create legal relations; Mr Worth acted as a referring healthcare professional, not as agent for WBA. In tort, although economic loss to WBA was foreseeable, there was insufficient proximity and it was not fair, just or reasonable to impose a duty of care on the Defendant to WBA for economic loss arising from negligent treatment of Mr Appleton.

Court Disposition

Claim dismissed

Orders

  • Declaration that the Defendant did not owe a duty to the Claimant in contract or tort