On 23 February 2018, in Worrall v Thomas Cook, DJ Hassall determined the meaning of an admission in a holiday illness case. The Claimant sent a Letter of Claim alleging (among other matters) that the food served to the Claimant under the holiday package was unsafe to consume and not of satisfactory quality. The Defendant replied, making an admission in the following terms:-
“Please note primary liability is admitted subject to proof of actual illness plus any of causation and quantum which may arise”.
The Particulars of Claim pleaded the admission. In the Defence, the Defendant pleaded that the Claimant still had to prove both that she was served, and that she ate, contaminated food.
The Claimant argued that the admission, properly construed, was an admission that the Defendant’s supplier exposed the Claimant to a pathogen.
The Defendant argued the admission meant only that it admitted food hygiene was not of a proper standard at the time of the Claimant’s holiday, and that, prior to the Claimant falling ill, contaminated food was served (although not necessarily to the Claimant).
The judge preferred the Claimant’s submissions. The Claimant’s claim was in contract; and serving contaminated food to the Claimant was a breach of contract, entitling the Claimant to nominal damages, whether or not the Claimant becomes ill. Given this, the rider stating that the admission was subject to causation had to mean that the admission was subject to medical causation being made out.
Andrew Spencer was counsel for the Claimant.
This week we examine an unusual arbitration case involving (or did it?) a foreign limitation period; and another decision on the tension between open justice and protection of commercially sensitive information (we understand, by the way, that on 25th February the Court of Appeal will…
This week we look at two decisions, both of which will be of critical importance to practitioners in pursuance of contested litigation. In one, unusually, without prejudice correspondence was admissible in a case involving fundamental dishonesty; whilst in the other, the court reviewed the authorities…
Following a 5-day liability trial in the High Court in Manchester, the Claimant’s negligence and Human Rights Act claims were dismissed by HHJ Bird sitting as a Judge of the High Court. The Claimant was a Type 1 diabetic who suffered from a history of…
Deka Chambers: 5 Norwich Street, London EC4A 1DR