||All England Reporter
|| All ER (D) 41 (Aug)
||Technology and Construction Court
Recorder Reese QC
||Karen Gough (instructed by Shoosmiths, Reading) for the claimants.
||Anthony de Freitas (instructed by Hammond Suddards Edge, Leeds) for the first defendant.
||5 August 2003
Negligence - Duty of care - Building contractors - Water damage to flooring of shop premises - Water entering premises from several sources - Causation.
The proceedings concerned a claim of negligence against the first defendant in respect of water ingress into the claimant's premises causing damage to flooring, during a shopping complex redevelopment. In the instant case, the breach of duty was not causative of the damage, as the amount of water which penetrated the wall into the claimant's premises was insignificant in comparison to that which entered via the shop frontage. Accordingly, the claim would fail.
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