IN THE COUNTY COURT SITTING AT BRISTOL CLAIM NO.

BL567323

BETWEEN:-

MRS HELEN WILLIAMS

Claimant

-and-

ELMCLIFFE HOUSE CARE HOME LIMITED

Defendant

INSTRUCTIONS TO COUNSEL

Introduction

Instructing Solicitors act for the Defendant, Elmcliffe House Care Home Limited, funded by an
insurance policy with DHT Insurance.

Counsel is instructed to represent the Defendant in the Defendant's application under CPR
rule 13.3 to set aside default judgement entered against the Defendant on 26 February 2021.

Counsel is referred to the following documents:

1. Particulars of Claim (dated 8 February 2021 );

2. Witness statement of the Claimant (dated 22 March 2021);

3. Witness statement of Sara Choudhry, the Managing Director of the Defendant (dated
17 March 2021) and exhibits SC/1-SC/4;

4. Witness statement of Catherine Smith, Associate Solicitor at Price Prior LLP (dated 18
March 2021 ).

Factual Background

The Claimant, an employee of the Defendant, brings a claim for personal injury and associated
losses after a slipping accident whilst at work. The Claimant slipped on a spillage of a clear
liquid in the first-floor corridor on 28 December 2020.

She brings her claim in negligence and Occupiers' Liability. The claim pleads reliance on
regulation 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992. It is not
denied the Defendant is the occupier, nor that the Regulations apply.

The Defendant denies liability. They have a cleaning policy in place which includes cleaning
up of spillages which, it is argued, is entirely reasonable. All negligence and breach of duty
under Occupiers' Liability 1957 is denied and in the alternative contributory negligence will be
alleged.

Procedural Background

The Claimant's Particulars of Claim were deemed served on the Defendant on 10 February
2021. In fact, Ms Choudhry did not become aware of them until 19 February 2021. This was
due to Ms Choudhry's reduced time at the care home during this time as her elderly mother,
who lives near Ms Choudhry and is very reliant on her, was unwell at this time and in hospital
from 12 February to 17 February.

Prior to this, a Letter of Claim had been received by Ms Choudhry on 11 January, but no
response given. Ms Choudhry's mother had been in hospital from 6 to 13 January also and
again she explains her failure to respond as due to this additional strain on her time and
attention away from the business.

On 19 February, Ms Choudhry brought the claim to the attention of her insurers, DHT insurers.
For reasons unknown, it took until 23 February for the proceedings to be brought to the
attention of Those Instructing.

Upon receipt of the Particulars of Claim on 23 February by email, Those Instructing carried
out a review of the case and made arrangement to discuss the claim with Ms Choudhry on 1
March. During that discussion, Ms Choudhry revealed she had received notice of default
judgement by post that morning. The default judgment was entered on 26 February.

As a result of this and the instructions given by Ms Choudhry, Those Instructing set about
preparing to apply for the judgment to be set aside.

Ms Choudhry had undertaken on 1 March to send a number of papers to Those Instructing

including the cleaning policy. These were received by Those Instructing on 12 March. Ms
Choudhry's draft witness statement to support the application was sent to her by email on 16
March to sign. These were returned to this office on 18 March.

We made the Claimant's solicitors aware of our impending application on 16 March 2021. The
application to set aside was made under CPR r13.3(1)(a) by way of application notice dated
22 March 2021 (the application notice itself is not enclosed). On providing a copy of this to the
Claimant's solicitors, they confirmed they would be opposing the application and a witness
statement of the Claimant was received by return.

What Counsel is instructed to do

Counsel is instructed to draft a skeleton argument for the hearing and represent the Defendant
at the hearing seeking the default judgement to be set aside. The hearing will be before a
District Judge and the Claimant will be represented by Mr O'Leary of Counsel.

If the application is successful Instructing Solicitor would be in a position to file and serve a
Defence within 7 days.

Counsel is so instructed.

Price Prior LLP

22nd March 2021