Source: All England Reporter
Publisher Citation: [2003] All ER (D) 41 (Aug)
Court: Technology and Construction Court
Judge:

Recorder Reese QC
Representation Karen Gough (instructed by Shoosmiths, Reading) for the claimants.
  Anthony de Freitas (instructed by Hammond Suddards Edge, Leeds) for the first defendant.
Judgment Dates: 5 August 2003

Catchwords

Negligence - Duty of care - Building contractors - Water damage to flooring of shop premises - Water entering premises from several sources - Causation.

The Case

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.

Practice Areas

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