Facts: Staffordshire had required care home proprietors to maintain staffing levels at levels that would be appropriate for fully occupied homes, even though the relevant homes were far from fully occupied for some time. The proprietors sued for pure economic loss damages, in negligence. Staffordshire applied for summary judgment.

Judgment: the Court of Appeal (Potter LJ and Sir Denis Henry) held that whilst the claimant’s case was difficult, it was inappropriate to award summary judgment given that this was a developing area of law and the facts were unclear.

Comment: in the light of later authority, the care home operator in this case might be regarded as having achieved a very fortunate result.