ABSTRACT
BETWEEN EDITH JONES Plaintiff
and (1) GOLDEN HOMES PLC
(2) STELLA LITTLE (3) ALLAN TURNER (4) FRED JACKSON Defendants
(Trading as Pipeworks)
DEFENCE OF THE THIRD DEFENDANT
1. Paragraphs 1 and 2 of the Particulars of Claim are admitted. In particular the Defendant admits that he was at all material times employed by the First Defendant. 2
2. Paragraph 3 of the Particulars of Claim is not admitted. 3
3. The Third Defendant denies that he was negligent as alleged in paragraph 4 of the Particulars of Claim or at all, and denies that the said accident was caused by the alleged or any negligence on the part of the Third Defendant. 4
4. If, which is not admitted, a duty of care was owed by the First, Second and Fourth Defendants to the Plaintiff, the said accident was caused by the First, Second and Fourth Defendant. 5
PARTICULARS OF NEGLIGENCE OF THE FIRST AND SECOND DEFENDANTS
The First and Second Defendants were negligent in that they: (a) Failed to approve plans for the repair of the system which were
drawn up by the Third Defendant. (b) Failed to authorise expenditure for the repairs to the system. (c) Failed to allow the Third Defendant to engage a competent
workman to repair the system. (d) Failed to allow the Third Defendant to turn off the system. (e) In all the circumstances failed to undertake their duty of care.
