Source: All England Reporter
Publisher Citation: [2011] All ER (D) 229 (Jan)
Neutral Citation: [2011] EWHC 32 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Simon J

Representation Nigel Cooper QC and Gemma Morgan (instructed by Ince & Co) for BMT.
  Simon Rainey QC and Caroline Pounds (instructed by Bentleys, Stokes & Lowless) for LWB.
Judgment Dates: 24 January 2011

Catchwords

Contract - Construction - Contractual term - Commercial sense - Pt 20 defendant owning shipyard at which repairs and conversion works to third claimant's vessel being carried out - Third claimant and Pt 20 defendant entering into conversion contract - Insurance policy provided by first and second claimant insurers requiring that risk assessment survey be carried out by Pt 20 claimant and Pt 20 defendant - Vessel subsequently being damaged by fire at shipyard - First and second claimants commencing proceedings against Pt 20 claimant seeking to recover loss - Pt 20 claimant bringing proceedings against Pt 20 defendant claiming contribution or indemnity - Whether third claimant waiving and/or agreeing to surrender any right to bring claim against Pt 20 defendant - Whether open to Pt 20 claimant to bring contribution claim against Pt 20 defendant - Whether Pt 20 defendant owing third claimant duty of care to exercise reasonable care and skill.

The Case

Contract Construction. The court ruled on various preliminary issues directed to be heard in Pt 20 proceedings brought by the Pt 20 claimant company against the Pt 20 defendant company (which owned a shipyard at which a vessel, which was owned by the third claimant in the main proceedings, was damaged by fire while being insured by the second and third claimants (the insurers)), seeking a contribution or indemnity, pursuant to the for any liability that it was found to have to the claimants in circumstances where the insurers had commenced proceedings against the Pt 20 claimant, seeking to recover their loss from it.

Practice Areas

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