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