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 (QB)
Parties
Claimant: Merelie; Defendant: Newcastle Primary Care Trust
Jurisdiction
England and Wales
Judgment Date
21 February 2006
Procedural Posture
Personal Injury, Defamation, Harassment, Breach of Contract / Pre Trial Review; Application for Summary Judgment
Outcome
Application for summary judgment dismissed
Legal Topics
Defamation, Harassment, Personal Injury, Breach of Contract, Negligence, Summary Judgment, Implied Terms in Employment Contracts, Foreseeability, Causation
Employment Law Tort Law Contract Law Defamation Harassment Personal Injury Breach of Contract Negligence +4 more

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Parties

Merelie

Claimant

Newcastle Primary Care Trust

Defendant

Procedural Posture

Personal Injury, Defamation, Harassment, Breach of Contract / 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 of duty or contract
  2. 2 Whether the claim for special damages (loss of earnings, pension, prescription charges) should be summarily dismissed
  3. 3 Whether the injuries or losses were foreseeable by the defendant

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 are said to have been caused by the defendant's acts or omissions, absent physical or psychiatric injury, by a date to be settled in the order.