Plant Construction Plc v. Clive Adams Associates, JMH Construction Services [2000] EWHC Technology 119 (31st March, 2000)
JMH's breach of duty was causative of the roof collapse, either alone or as a concurrent cause with Plant's negligence. Plant does not have to show that JMH's breach was the sole cause; it is sufficient that the breach materially contributed to the loss.
- Citation
- [2000] EWHC Technology 119
- Parties
- Claimant: Plant Construction PLC; First Defendant: Clive Adams Associates; Second Defendant: JMH Construction Services Limited
- Jurisdiction
- England and Wales
- Procedural Posture
- Civil / Remitted for Further Findings of Fact on Causation After Appeal
- Outcome
- JMH's breach caused the collapse of the roof.
- Legal Topics
- Causation, Concurrent Causes, Breach of Duty, Contributory Negligence
Case Brief
Summary, issues, holding and outcome
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Parties
Plant Construction PLC
Claimant
Clive Adams Associates
First Defendant
JMH Construction Services Limited
Second Defendant
Procedural Posture
Civil / Remitted for Further Findings of Fact on Causation After Appeal
Legal Issues
- 1 Whether JMH's breach of duty was causative of the roof collapse
- 2 Whether Plant must show that JMH's breach alone would have averted the loss or if concurrent causation suffices
Ratio Decidendi
JMH's breach of duty was causative of the roof collapse, either alone or as a concurrent cause with Plant's negligence. Plant does not have to show that JMH's breach was the sole cause; it is sufficient that the breach materially contributed to the loss.
Court Disposition
JMH's breach caused the collapse of the roof.
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