Harrison & Ors v Technical Sign Company Ltd & Ors [2013] EWCA Civ 1569 (04 December 2013)

Harrison & Ors v Technical Sign Company Ltd & Ors [2013] EWCA Civ 1569 (04 December 2013)

Cluttons LLP did not owe a duty of care to either the claimants or Maison Blanc, as there was insufficient proximity and no assumption of responsibility; therefore, Active's claim for contribution fails.

Source-derived case information.

Citation
[2013] EWCA Civ 1569
Parties
Claimants: Gillian Harrison and Others; Defendants: Technical Sign Company Ltd and Others; Part 20 Claimant/respondent: Active Commercial Interiors Ltd; Part 20 Defendant/appellant: Cluttons LLP
Jurisdiction
England and Wales
Judgment Date
04 December 2013
Procedural Posture
Appeal From High Court (queen's Bench Division) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Duty of Care, Negligence, Contribution, Proximity, Assumption of Responsibility
Tort Law Professional Negligence Duty of Care Negligence Contribution Proximity Assumption of Responsibility

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Summary, issues, holding and outcome

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Parties

Gillian Harrison and Others

Claimants

Technical Sign Company Ltd and Others

Defendants

Active Commercial Interiors Ltd

Part 20 Claimant/respondent

Cluttons LLP

Part 20 Defendant/appellant

Procedural Posture

Appeal From High Court (queen's Bench Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Did Cluttons LLP owe a duty of care to the claimants?
  2. 2 Did Cluttons LLP owe a duty of care to Maison Blanc?
  3. 3 Was Cluttons LLP negligent?

Ratio Decidendi

Cluttons LLP did not owe a duty of care to either the claimants or Maison Blanc, as there was insufficient proximity and no assumption of responsibility; therefore, Active's claim for contribution fails.

Court Disposition

Appeal allowed

Orders

  • Active Commercial Interiors Ltd's claim for contribution against Cluttons LLP dismissed