Furmedge & Ors v Chester -Le -Street District Council

Furmedge & Ors v Chester -Le -Street District Council

BIL was an occupier of Dreamspace V at Chester-le-Street and owed a duty of care to members of the public. BIL breached this duty by failing to conduct or ensure an adequate risk assessment, especially after learning of instability in Liverpool. The Council also breached its duty by failing to scrutinise the risk assessment. Liability is apportioned 45% to the Council and 55% to BIL as BIL had direct knowledge of the structure's instability and failed to act on it or inform the Council.

Parties
Claimant: Gary Furmedge (Administrator of the Estate of Claire Furmedge deceased); Claimant: William Collings (Administrator of the Estate of Elizabeth Collings deceased); Claimant: Susan Campbell; Defendant and Part 20 Claimant: Chester-le-Street District Council; First Named Third Party: Brouhaha International Limited; Second Named Third Party: Maurice Agis
Jurisdiction
England and Wales
Judgment Date
16 May 2011
Procedural Posture
Civil / Judgment After Trial on Apportionment of Liability
Outcome
Liability apportioned between Chester-le-Street District Council and Brouhaha International Limited
Legal Topics
Duty of Care, Apportionment of Liability, Negligence, Contribution Under Civil Liability (contribution) Act 1978
Tort Law Occupiers' Liability Health and Safety Duty of Care Apportionment of Liability Negligence Contribution Under Civil Liability (contribution) Act 1978

Case Brief

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Parties

Gary Furmedge (Administrator of the Estate of Claire Furmedge deceased)

Claimant

William Collings (Administrator of the Estate of Elizabeth Collings deceased)

Claimant

Susan Campbell

Claimant

Chester-le-Street District Council

Defendant and Part 20 Claimant

Brouhaha International Limited

First Named Third Party

Maurice Agis

Second Named Third Party

Procedural Posture

Civil / Judgment After Trial on Apportionment of Liability

Legal Issues

  1. 1 Whether Brouhaha International Limited owed a duty of care to members of the public entering Dreamspace V at Chester-le-Street
  2. 2 Whether BIL was an occupier under the Occupiers Liability Act 1957
  3. 3 Whether BIL was negligent in failing to ensure the safety of the structure

Ratio Decidendi

BIL was an occupier of Dreamspace V at Chester-le-Street and owed a duty of care to members of the public. BIL breached this duty by failing to conduct or ensure an adequate risk assessment, especially after learning of instability in Liverpool. The Council also breached its duty by failing to scrutinise the risk assessment. Liability is apportioned 45% to the Council and 55% to BIL as BIL had direct knowledge of the structure's instability and failed to act on it or inform the Council.

Court Disposition

Liability apportioned between Chester-le-Street District Council and Brouhaha International Limited

Orders

  • Chester-le-Street District Council to bear 45% of liability for damages paid or payable to claimants
  • Brouhaha International Limited to bear 55% of liability for damages paid or payable to claimants