Trebor Bassett Holdings & Ors v ADT Fire

Permission to appeal was granted on points of law relating to causation, implied terms, and contributory negligence, but refused on issues of contractual scope and breach as these were findings of fact with no real prospect of success on appeal.

Parties: Respondents/claimants: Trebor Bassett Holdings & Ors; Appellant/defendant: ADT Fire
Jurisdiction: England and Wales
Judgment Date: 01 February 2012
Procedural Posture: Civil Appeal / Permission to Appeal and Directions on Scope of Appeal
Outcome: Permission to appeal granted in part; appeal allowed to proceed on specified grounds
Legal Topics: Contributory Negligence, Causation, Breach of Contract, Limitation of Liability, Implied Terms, Fire Damage

Contract Law Tort Law Negligence Contributory Negligence Causation Breach of Contract Limitation of Liability Implied Terms +1 more

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Parties

Trebor Bassett Holdings & Ors

Respondents/claimants

ADT Fire

Appellant/defendant

Procedural Posture

Civil Appeal / Permission to Appeal and Directions on Scope of Appeal

Legal Issues

1 Whether the judge erred in findings as to the scope of the contract
2 Whether the judge was correct on breach of contract and negligence
3 Whether contributory negligence applied and to what extent

Ratio Decidendi

Court Disposition

Permission to appeal granted in part; appeal allowed to proceed on specified grounds

Orders

Permission to appeal granted to claimants on grounds relating to quality, implied terms, and causation
Permission to appeal granted to defendants on causation only as to whether claimants' actions broke the chain of causation