Source: All England Reporter
Publisher Citation: [2012] All ER (D) 153 (Aug)
Neutral Citation: [2012] EWCA Civ 1158
Court: Court of Appeal, Civil Division
Judge:

Sir Andrew Morritt, Lord Justice Richards and Lord Justice Tomlinson

Representation Roger ter Haar QC and Ben Quiney (instructed by DAC Beachcroft LLP) for Cadbury.
  Nicholas Dennys QC and Dominique Rawley QC (instructed by Eversheds LLP) for ADT.
Judgment Dates: 23 August 2012

Catchwords

Contract - Breach - Causation - Contributory negligence - Claimant (Cadbury) owning confectionery factory - Defendant fire protection company (ADT) installing CO2 suppression system - Fire in popcorn hopper spreading and destroying factory - Court finding defendant liable for failure of CO2 system to suppress fire and Cadbury contributorily negligent in failing to segregate production area and/or failing to put in sprinklers - Cadbury appealing - ADT counter appealing - Whether judge erring in assessing obligation cast upon ADT - Whether ADT obliged to comply with British Standard 5306, pt 4 - Whether Cadbury's employees causing spread of fire - .

The Case

Contract Breach. The Court of Appeal, Civil Division held that the first instance judge had not erred in finding the defendant fire safety company liable for a fire at the claimant's premises and the claimant contributory negligent to the extent of 75%.

Practice Areas

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