Source: All England Reporter
Publisher Citation: [2011] All ER (D) 197 (Jan)
Neutral Citation: [2011] EWHC 72 (TCC)
Court: Queen's Bench Division, Technology and Construction Court

Ramsey J

Representation Steven Walker (instructed by Beale and Company Solicitors LLP) for the claimant.
  Jonathan Selby (instructed by Fladgate LLP) for the defendant.
Judgment Dates: 25 January 2011


Contribution - Third party proceedings - Building contract - Construction company accepting tender from KCL for design and construction of offshore works for construction of power station - KCL entering into sub-contract with claimant company for certain design services in relation to offshore works - KCL further entering into sub-contract with defendant company to carry out offshore works - KCL subsequently commencing proceedings against claimant alleging negligence in provision of design services leading to KCL having to spend money on remedial works - Claimant issuing claim against defendant alleging liability to KCL - Deed of settlement signed between KCL and claimant - Claimant seeking contribution from defendant - Whether defendant liable to KCL - Whether claimant liable to KCL in respect of same damage - Assessment of contribution from defendant to claimant's liability - Assessment of quantum of that liability - s 1.

The Case

Contribution Third party proceedings. The Technology and Construction Court of the Queen's Bench Division ruled on the liability of the defendant company, pursuant to the to contribute to the claimant company's liability to a construction company which had entered into two separate sub-contracts with both parties for the provision of certain services in respect of the construction of a power station. Having found that the defendant was liable to the claimant only to a certain extent, the court proceeded to assess the defendant's contribution to that liability and to assess the quantum of that liability.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.