Six Continents Retail Ltd. v Carford Catering Ltd. [2003] EWCA Civ 1790 (05 November 2003)

Six Continents Retail Ltd. v Carford Catering Ltd. [2003] EWCA Civ 1790 (05 November 2003)

Carford Catering Ltd was in breach of contract by failing to check installation drawings and ensure the rotisserie was not fixed to a combustible wall; the warning letter did not break the chain of causation nor discharge Carford's duty, and there was no contributory negligence by the claimant.

Citation
[2003] EWCA Civ 1790
Parties
Appellant/claimant: Six Continents Retail Ltd; First Defendant/first Respondent/part 20 Defendant: Carford Catering Ltd; Second Defendant/second Respondent/part 20 Claimant: R Bristoll Ltd
Jurisdiction
England and Wales
Judgment Date
05 November 2003
Procedural Posture
Appeal From Technology and Construction Court / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Breach of Contract, Negligence, Causation, Contributory Negligence, Project Management Liability, Installation of Equipment, Building Regulations
Contract Law Tort Law Construction Law Breach of Contract Negligence Causation Contributory Negligence Project Management Liability +2 more

Case Brief

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Parties

Six Continents Retail Ltd

Appellant/claimant

Carford Catering Ltd

First Defendant/first Respondent/part 20 Defendant

R Bristoll Ltd

Second Defendant/second Respondent/part 20 Claimant

Procedural Posture

Appeal From Technology and Construction Court / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Carford Catering Ltd breached its contractual and tortious duties in the installation of kitchen equipment
  2. 2 Whether the chain of causation was broken by the claimant's failure to act on a warning
  3. 3 Whether there was contributory negligence by the claimant

Ratio Decidendi

Carford Catering Ltd was in breach of contract by failing to check installation drawings and ensure the rotisserie was not fixed to a combustible wall; the warning letter did not break the chain of causation nor discharge Carford's duty, and there was no contributory negligence by the claimant.

Court Disposition

Appeal allowed

Orders

  • Judgment for the appellant
  • Carford Catering Ltd held liable for breach of contract and negligence