Andrew Weir Shipping Ltd v Wartsila UK Ltd & Anor [2004] EWHC 1284 (Comm) (11 June 2004)

Andrew Weir Shipping Ltd v Wartsila UK Ltd & Anor [2004] EWHC 1284 (Comm) (11 June 2004)

AWSL has no realistic prospect of success against WUK in respect of supply or servicing contracts involving copper washers, as evidence shows only steel washers were supplied and no servicing of fuel pumps by WUK. However, AWSL's claim regarding implied terms in overhaul spare parts contracts and tortious duty to warn is arguable and not suitable for summary judgment due to unresolved factual and legal issues. Permission to amend the claim is granted. Summary judgment is refused except for claims relating to supply or servicing of copper washers by WUK.

Citation
[2004] EWHC 1284 (Comm)
Parties
Claimant: Andrew Weir Shipping Limited; First Defendant: Wartsila UK Limited; Second Defendant: Wartsila Finland Oy (WFI)
Jurisdiction
England and Wales
Judgment Date
11 June 2004
Procedural Posture
Commercial Court Claim / Summary Judgment and Permission to Amend Pleadings
Outcome
Summary judgment granted in part; permission to amend claim granted; substantive claims regarding overhaul spare parts contracts and tortious duty to warn allowed to proceed.
Legal Topics
Duty of Care, Implied Terms, Sale of Goods, Jurisdiction, Summary Judgment, Product Safety, Manufacturer and Distributor Liability
Commercial Law Contract Law Tort Law Product Liability Duty of Care Implied Terms Sale of Goods Jurisdiction +3 more

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Parties

Andrew Weir Shipping Limited

Claimant

Wartsila UK Limited

First Defendant

Wartsila Finland Oy (WFI)

Second Defendant

Procedural Posture

Commercial Court Claim / Summary Judgment and Permission to Amend Pleadings

Legal Issues

  1. 1 Whether WUK owed a duty of care to AWSL to warn or advise about dangers associated with copper washers and torque settings
  2. 2 Whether WUK supplied copper washers or was responsible for their installation
  3. 3 Whether AWSL has a realistic prospect of success against WUK under contract or tort

Ratio Decidendi

AWSL has no realistic prospect of success against WUK in respect of supply or servicing contracts involving copper washers, as evidence shows only steel washers were supplied and no servicing of fuel pumps by WUK. However, AWSL's claim regarding implied terms in overhaul spare parts contracts and tortious duty to warn is arguable and not suitable for summary judgment due to unresolved factual and legal issues. Permission to amend the claim is granted. Summary judgment is refused except for claims relating to supply or servicing of copper washers by WUK.

Court Disposition

Summary judgment granted in part; permission to amend claim granted; substantive claims regarding overhaul spare parts contracts and tortious duty to warn allowed to proceed.

Orders

  • Summary judgment in favour of WUK on claims relating to supply or servicing of copper washers
  • Permission granted to AWSL to amend Particulars of Claim