Merelie v Newcastle Primary Care Trust

Merelie v Newcastle Primary Care Trust

The claimant has no real prospect of success in establishing that she suffered psychiatric or physical injury caused by the defendant's alleged breaches, based on the current expert evidence. However, the claims for breach of contract, defamation, and harassment (including claims for mental distress and injury to reputation) may proceed to trial. The application for summary judgment on foreseeability is dismissed, as there is evidence that the Trust was or should have been aware of the risk of injury. The application for summary judgment on special damages is refused, as it was not properly pleaded and the scope of recoverable damages is unsettled.

Parties
Claimant: Merelie; Defendant: Newcastle Primary Care Trust
Jurisdiction
England and Wales
Judgment Date
21 February 2006
Procedural Posture
Civil (employment/personal Injury/defamation/harassment) / Pre Trial Review; Application for Summary Judgment
Outcome
Defendant's application for summary judgment dismissed (except as to psychiatric/physical injury claims)
Legal Topics
Breach of Contract (implied Term of Trust and Confidence), Negligence, Personal Injury (psychiatric Injury), Defamation, Harassment, Limitation of Actions, Damages (special and General), Foreseeability, Causation
Employment Law Tort Law Defamation Harassment Breach of Contract (implied Term of Trust and Confidence) Negligence Personal Injury (psychiatric Injury) Limitation of Actions +3 more

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 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Merelie

Claimant

Newcastle Primary Care Trust

Defendant

Procedural Posture

Civil (employment/personal Injury/defamation/harassment) / Pre Trial Review; Application for Summary Judgment

Legal Issues

  1. 1 Whether the claimant has a real prospect of success in establishing psychiatric or physical injury caused by the defendant's alleged breaches (causation)
  2. 2 Whether it was reasonably foreseeable to the defendant that the claimant would suffer injury as a result of any breach of duty (foreseeability)
  3. 3 Whether the claimant can recover special damages (loss of earnings, pension) in the absence of physical or psychiatric injury

Ratio Decidendi

The claimant has no real prospect of success in establishing that she suffered psychiatric or physical injury caused by the defendant's alleged breaches, based on the current expert evidence. However, the claims for breach of contract, defamation, and harassment (including claims for mental distress and injury to reputation) may proceed to trial. The application for summary judgment on foreseeability is dismissed, as there is evidence that the Trust was or should have been aware of the risk of injury. The application for summary judgment on special damages is refused, as it was not properly pleaded and the scope of recoverable damages is unsettled.

Court Disposition

Defendant's application for summary judgment dismissed (except as to psychiatric/physical injury claims)

Orders

  • Claimant's claims for psychiatric and physical injury are struck out as having no real prospect of success on current evidence.
  • Claims for breach of contract, defamation, and harassment may proceed to trial.