Sainsbury's Supermarkets Ltd v Condek Holdings Ltd & Ors

Sainsbury's Supermarkets Ltd v Condek Holdings Ltd & Ors

The claims against Mr Pashouros and CSL were struck out and summary judgment granted because Sainsbury’s failed to plead or evidence any facts capable of establishing a personal duty of care by Mr Pashouros or a tortious liability of CSL. All actions by Mr Pashouros were in his capacity as director of Condek, and there was no special relationship or assumption of responsibility. Any liability of NRM could not be transferred to CSL, and Sainsbury’s pleadings were fundamentally deficient as to duty, breach, causation, and loss.

Parties
Claimant: Sainsbury’s Supermarkets Limited; First Defendant: Condek Holdings Limited (formerly Condek Limited); Second Defendant: Condek Manufacturing Limited (In Administration); Third Defendant: Andreas Pashouros; Fourth Defendant: Capita Symonds Limited
Jurisdiction
England and Wales
Judgment Date
24 June 2014
Procedural Posture
Civil Construction/negligence / Strike Out and Summary Judgment Applications
Outcome
Claims against Third and Fourth Defendants dismissed; summary judgment and strike out granted in their favour; costs awarded to Defendants on indemnity basis from specified dates.
Legal Topics
Assumption of Responsibility, Personal Liability of Directors, Duty of Care in Tort, Transfer of Liabilities, Summary Judgment, Strike Out Applications
Tort Law Contract Law Construction Law Assumption of Responsibility Personal Liability of Directors Duty of Care in Tort Transfer of Liabilities Summary Judgment +1 more

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Parties

Sainsbury’s Supermarkets Limited

Claimant

Condek Holdings Limited (formerly Condek Limited)

First Defendant

Condek Manufacturing Limited (In Administration)

Second Defendant

Andreas Pashouros

Third Defendant

Capita Symonds Limited

Fourth Defendant

Procedural Posture

Civil Construction/negligence / Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether Mr Pashouros owed a personal duty of care to Sainsbury’s for economic loss arising from design defects
  2. 2 Whether Capita Symonds Limited (CSL) is liable for any tortious liability of Nickalls Roche McMahon Limited (NRM) to Sainsbury’s
  3. 3 Whether Sainsbury’s pleadings disclosed a reasonable cause of action against Mr Pashouros or CSL

Ratio Decidendi

The claims against Mr Pashouros and CSL were struck out and summary judgment granted because Sainsbury’s failed to plead or evidence any facts capable of establishing a personal duty of care by Mr Pashouros or a tortious liability of CSL. All actions by Mr Pashouros were in his capacity as director of Condek, and there was no special relationship or assumption of responsibility. Any liability of NRM could not be transferred to CSL, and Sainsbury’s pleadings were fundamentally deficient as to duty, breach, causation, and loss.

Court Disposition

Claims against Third and Fourth Defendants dismissed; summary judgment and strike out granted in their favour; costs awarded to Defendants on indemnity basis from specified dates.

Orders

  • Claim against Third Defendant (Mr Pashouros) dismissed.
  • Claim against Fourth Defendant (CSL) dismissed.