Bovis Lend Lease Ltd v RD Fire Protection Ltd [2003] EWHC 939 (TCC) (06 February 2003)

Bovis Lend Lease Ltd v RD Fire Protection Ltd [2003] EWHC 939 (TCC) (06 February 2003)

Bovis is precluded from recovering from RD Fire and Baris for losses relating to fire protection defects to the extent that the settlement with Braehead is global and does not identify or apportion sums attributable to their defaults. Without evidence or means to quantify the loss caused by RD Fire or Baris within...

Source-derived case information.

Citation
[2003] EWHC 939 (TCC)
Parties
Claimant/defendant: Bovis Lend Lease Limited (formerly Bovis Construction Limited); First Defendant: R D Fire Protection Limited; First Claimant: Huthco Limited; Second Claimant/defendant: Baris UK Limited
Jurisdiction
England and Wales
Judgment Date
06 February 2003
Procedural Posture
Technology and Construction Court Litigation (joined Actions) / Preliminary Issues Determination Following Settlement of Principal Action
Outcome
Bovis' claims against RD Fire and Baris for losses relating to fire protection defects are barred by the settlement with Braehead; applications to amend pleadings refused; replies struck out.
Legal Topics
Damages for Defective Works, Indemnity Clauses, Settlement Agreements, Restitutionary Claims, Chain of Causation, Performance Interest, Abatement and Set Off
Construction Law Contract Law Damages for Defective Works Indemnity Clauses Settlement Agreements Restitutionary Claims Chain of Causation Performance Interest +1 more

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Parties

Bovis Lend Lease Limited (formerly Bovis Construction Limited)

Claimant/defendant

R D Fire Protection Limited

First Defendant

Huthco Limited

First Claimant

Baris UK Limited

Second Claimant/defendant

Procedural Posture

Technology and Construction Court Litigation (joined Actions) / Preliminary Issues Determination Following Settlement of Principal Action

Legal Issues

  1. 1 Whether Bovis can recover from RD Fire and Baris for losses relating to fire protection defects after settling with Braehead
  2. 2 Effect of global settlement on sub-contractor liability and causation
  3. 3 Whether impairment of contractual rights or performance interest are sustainable heads of claim post-settlement

Ratio Decidendi

Bovis is precluded from recovering from RD Fire and Baris for losses relating to fire protection defects to the extent that the settlement with Braehead is global and does not identify or apportion sums attributable to their defaults. Without evidence or means to quantify the loss caused by RD Fire or Baris within the settlement, no claim for indemnity or damages can be sustained. Claims based on impairment of contractual rights or performance interest are not sustainable in law in the circumstances of a global settlement extinguishing underlying liability. Bovis' applications to amend its pleadings to introduce alternative bases of loss are refused; the replies are struck out as...

Court Disposition

Bovis' claims against RD Fire and Baris for losses relating to fire protection defects are barred by the settlement with Braehead; applications to amend pleadings refused; replies struck out.

Orders

  • Bovis' claims for indemnity and damages against RD Fire and Baris relating to fire protection defects are dismissed as unsustainable in law post-settlement.
  • Bovis' applications to amend its replies are refused.