Source: All England Reporter
Publisher Citation: [2012] All ER (D) 227 (Nov)
Neutral Citation: [2012] EWHC 2887 (TCC)
Court: Queen's Bench Division, Technology and Construction Court (Birmingham District Registry)

Judge David Grant (sitting as a judge of the High Court)

Judgment Dates: 15 October 2012


Tort - Negligence - Liability - Personal injury - Contributory negligence - Building works being carried out on premises occupied by M - Refurbishment works being carried out on premises by contractor and contract administrator - Modified fascia attached to sign at front of premises falling and injuring claimants - M being found liable to claimants in personal injury - CPR Pt 20 claim being brought by M - Whether contractor and contract administrator owing duty of care to M - Whether contractor and contract administrator being liable to contribute to damages owed to claimants - .

The Case

Tort Negligence. The claimants in the main proceedings were awarded damages against a company, M, having suffered personal injury when modified fascia had fallen on them from property occupied by M. M brought CPR Pt20 proceedings against two other companies, the contractor (A) and contract administrator (C) respectively, which had carried out or overseen refurbishment work carried out at the premises. The Technology and Construction Court held, among other things, that M was entitled to recover a 100% contribution from A in respect of M's liability to the claimants and that C had owed M a duty of care, which it had breached. Accordingly, M was entitled to a contribution from C in respect of damages owed to the claimants.

Practice Areas

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