|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 162 (Jun)|
|Neutral Citation:|| EWHC 1145 (TCC)|
|Court:||Queen's Bench Division, Technology and Construction Court|
|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|
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.