BICC Ltd v Cumbrian Industrials Ltd & Anor [2001] EWCA Civ 1621 (30 October 2001)

BICC Ltd v Cumbrian Industrials Ltd & Anor [2001] EWCA Civ 1621 (30 October 2001)

The Court of Appeal held that the trial judge was entitled to find both Parkman and Cumbrian liable for the same damage (water ingress and consequential costs), that the apportionment of 50% liability to Cumbrian was supported by the evidence and not manifestly wrong, and that the judge's preference for expert evidence and findings on causation and breach were justified. The appeal was dismissed.

Citation
[2001] EWCA Civ 1621
Parties
Claimant: BICC Limited; Defendant/appellant: Cumbrian Industrials Limited; Defendant/respondent: Parkman Consulting Engineers (a firm)
Jurisdiction
England and Wales
Judgment Date
30 October 2001
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Technology & Construction Court
Outcome
Appeal dismissed
Legal Topics
Contribution Proceedings, Apportionment of Liability, Breach of Contract, Negligence, Civil Liability (contribution) Act 1978, Damages, Settlement Agreements
Construction Law Tort Law Contract Law Contribution Proceedings Apportionment of Liability Breach of Contract Negligence Civil Liability (contribution) Act 1978 +2 more

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Parties

BICC Limited

Claimant

Cumbrian Industrials Limited

Defendant/appellant

Parkman Consulting Engineers (a firm)

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Technology & Construction Court

Legal Issues

  1. 1 Whether the apportionment of liability between Parkman and Cumbrian under the Civil Liability (Contribution) Act 1978 was correct
  2. 2 Whether Parkman and Cumbrian were liable for 'the same damage' under the Act
  3. 3 Whether the trial judge erred in findings of fact regarding defects and causation of water ingress

Ratio Decidendi

The Court of Appeal held that the trial judge was entitled to find both Parkman and Cumbrian liable for the same damage (water ingress and consequential costs), that the apportionment of 50% liability to Cumbrian was supported by the evidence and not manifestly wrong, and that the judge's preference for expert evidence and findings on causation and breach were justified. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Cumbrian Industrials Limited to pay Parkman Consulting Engineers £975,000 as contribution under the Civil Liability (Contribution) Act 1978
  • No adjustment to the apportionment of liability or damages as determined by the trial judge