Merelie v Newcastle Primary Care Trust [2006] EWHC 150 (QB) (21 February 2006)

Merelie v Newcastle Primary Care Trust [2006] EWHC 150 (QB) (21 February 2006)

The claimant has no real prospect of success in proving psychiatric or physical injury caused by the defendant's alleged breaches, based on the current expert evidence. However, the claims for breach of contract and special damages cannot be summarily dismissed at this stage due to the developing law and...

Source-derived case information.

Citation
[2006] EWHC 150
Parties
Claimant: Merelie; Defendant: Newcastle Primary Care Trust
Jurisdiction
England and Wales
Judgment Date
21 February 2006
Procedural Posture
Personal Injury and Employment (pre Trial Review of Two Actions: Defamation/harassment and Personal Injury/negligence) / Pre Trial Review; Application for Summary Judgment Under CPR Part 24
Outcome
Application for summary judgment dismissed.
Legal Topics
Defamation, Harassment, Negligence, Breach of Contract, Personal Injury, Summary Judgment, Foreseeability, Causation, Damages
Employment Law Tort Law Contract Law Defamation Harassment Negligence Breach of Contract Personal Injury +4 more

Source-derived case record

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

Parties

Merelie

Claimant

Newcastle Primary Care Trust

Defendant

Procedural Posture

Personal Injury and Employment (pre Trial Review of Two Actions: Defamation/harassment and Personal Injury/negligence) / Pre Trial Review; Application for Summary Judgment Under CPR Part 24

Legal Issues

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

Ratio Decidendi

The claimant has no real prospect of success in proving psychiatric or physical injury caused by the defendant's alleged breaches, based on the current expert evidence. However, the claims for breach of contract and special damages cannot be summarily dismissed at this stage due to the developing law and insufficient argument. The foreseeability issue also cannot be resolved summarily. The application for summary judgment is dismissed.

Court Disposition

Application for summary judgment dismissed.

Orders

  • Claimant to set out how special damages were caused by the defendant's acts or omissions, absent physical or psychiatric injury, by a date to be settled or agreed in the order.