Source:	All England Reporter
Publisher Citation:	[2010] All ER (D) 162 (Jun)
Neutral Citation:	[2010] EWHC 1145 (TCC)
Court:	Queen's Bench Division, Technology and Construction Court
Judge:	Akenhead J
Representation	Richard Wilmot Smith QC and Karim Ghaly (instructed by Clyde & Co) for the fifth party.
	David Turner QC and Clare Dixon (instructed by Kennedys Law LLP) for the third and fourth parties.
Judgment Dates:	21 May 2010

Catchwords

Negligence - Duty to take care - Builder - Sub-contractor - Extent of duty - Defendants contracting with claimant to provide air conditioning system - First defendant employing third party specialist subcontractor - Fifth party contracting with third party to supply and install insulation for pipework to be installed by first defendant - Claimant contending pipe leaking and rust or corrosion present - Claimant removing and replacing pipework - Claimant issuing proceedings against defendants to recover sum of £3.5m in respect of pipework - Defendants seeking indemnities or contributions against third and fourth parties - Third and fourth parties seeking contribution from fifth party on basis fifth party owing duty of care to claimant - Fifth party seeking summary judgment or striking out of claim against it - Whether case suitable for summary judgment or striking out.

The Case

Negligence Duty to take care. The Technology and Construction Court held that the instant case was not a suitable one for striking out or giving summary judgment, on the basis that there were too many factual uncertainties and the area of law concerned, namely, the extent of any duty of care owed by a sub-contractor or supplier who provided an element of or within a building under construction or development, was one which was still being developed.

Practice Areas

• Dispute Resolution
• Personal Injury
• Property

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