ABSTRACT
BETWEEN EDITH JONES Plaintiff
and (1) GOLDEN HOMES PLC
(2) STELLA LITTLE (3) ALLAN TURNER (4) FRED JACKSON
(Trading as Pipeworks) Defendants
DEFENCE OF THE FIRST AND SECOND DEFENDANTS
1. Paragraph 1 of the Particulars of Claim is admitted, save it is not admitted that the visit of the Plaintiff to the home was to inspect the plumbing of the home. 2
2. Paragraph 2 of the Particulars of Claim is admitted save it is denied that the Third Defendant was employed by the First and/or Second Defendant. At all material times the Third Defendant was an independent contractor. 3
3. Paragraph 3 of the Particulars of Claim is not admitted. 4 The Plaintiff was warned on the said day by the Second Defendant in the presence of the Third Defendant of the danger of the system. Further, a warning notice was placed by the Second Defendant on 5th April 1995 above the hot water taps in each and every bathroom and above every basin in the home. Such warnings were in all the circumstances enough to enable the Plaintiff to be reasonably safe. 5
4. The First Defendant and the Second Defendant deny that they, their servants or agents were negligent or in breach of statutory duty as alleged in paragraph 4 of the Particulars of Claim or at all. 6 It is further denied that the said accident was caused by the alleged or any negligence or breach of statutory duty on the part of the First or the Second Defendant, their servants or agents. 7
5. The Third Defendant was at all material times an independent contractor hired by the First Defendant to manage, maintain and
repair the exterior and the interior of the home. The Fourth Defendant was an independent contractor engaged by the Third Defendant to repair the system. 8
6. The First and Second Defendants acted reasonably in entrusting the work and maintenance to the Third and Fourth Defendants 9 and took all reasonable steps to satisfy themselves that the Third Defendant was competent to supervise the maintenance of the home. 10
7. If, which is not admitted, a duty of care was owed to the Plaintiff by the Third and Fourth Defendants, 11 the said accident was caused by the negligence of the Third and Fourth Defendants. 12
PARTICULARS OF NEGLIGENCE OF THE THIRD DEFENDANT
The Third Defendant was negligent in that he: (a) Knowingly allowed the system to fall into disrepair. (b) Knowing that the system was in disrepair failed to mend it or to
make any or any adequate arrangements for the repair of the system.
