Linklaters Business Services (Formerly Hackwood Services Company) v Sir Robert McaLpine Ltd

Linklaters Business Services (Formerly Hackwood Services Company) v Sir Robert McaLpine Ltd

The application for summary judgment or strike out is dismissed because there are unresolved factual uncertainties regarding the nature and extent of the damage, and the legal issues involve developing jurisprudence; a full trial is required to determine whether a duty of care exists and whether the loss is recoverable in tort.

Parties
Claimant: Linklaters Business Services (formerly Hackwood Services Company); First Defendant: Sir Robert McAlpine Limited; Second Defendant: Sir Robert McAlpine (Holdings) Limited; Third Party: How Engineering Services Limited; Fourth Party: How Group Limited; Fifth Party: Southern Insulation (Medway) Limited
Jurisdiction
England and Wales
Judgment Date
21 May 2010
Procedural Posture
Civil / Ruling on Application for Summary Judgment or Strike Out
Outcome
Application dismissed
Legal Topics
Duty of Care, Economic Loss, Negligence, Complex Structure Theory, Summary Judgment, Contribution Proceedings
Tort Construction Law Duty of Care Economic Loss Negligence Complex Structure Theory Summary Judgment Contribution Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Linklaters Business Services (formerly Hackwood Services Company)

Claimant

Sir Robert McAlpine Limited

First Defendant

Sir Robert McAlpine (Holdings) Limited

Second Defendant

How Engineering Services Limited

Third Party

How Group Limited

Fourth Party

Southern Insulation (Medway) Limited

Fifth Party

Procedural Posture

Civil / Ruling on Application for Summary Judgment or Strike Out

Legal Issues

  1. 1 Whether a duty of care in tort is owed by a sub-sub-contractor to lessees for physical damage to pipework caused by negligent insulation
  2. 2 Whether the loss suffered is recoverable as physical damage or is excluded as pure economic loss
  3. 3 Application of the complex structure theory in construction negligence cases

Ratio Decidendi

The application for summary judgment or strike out is dismissed because there are unresolved factual uncertainties regarding the nature and extent of the damage, and the legal issues involve developing jurisprudence; a full trial is required to determine whether a duty of care exists and whether the loss is recoverable in tort.

Court Disposition

Application dismissed

Orders

  • Southern's application for summary judgment or strike out is dismissed.
  • Permission to appeal is granted.