Southern Insulation (Medway) Ltd v How Engineering Services Ltd & Ors [2010] EWCA Civ 999 (20 August 2010)

Southern Insulation (Medway) Ltd v How Engineering Services Ltd & Ors [2010] EWCA Civ 999 (20 August 2010)

The applications for summary judgment and strike out failed because factual uncertainties precluded determination of the legal issues at this stage; in the How action, the judge found a collateral duty of care owed by Southern to How on the assumed facts.

Source-derived case information.

Citation
[2010] EWCA Civ 999
Parties
Appellant/fifth Party: Southern Insulation (Medway) Limited; Respondent/third Party/appellant/defendant: How Engineering Services Limited; Respondent/fourth Party: How Group Limited
Jurisdiction
England and Wales
Judgment Date
20 August 2010
Procedural Posture
Interlocutory Appeal / Appeal From Summary Judgment/strike Out Applications
Outcome
Appeal in Linklaters action dismissed; appeal in How action adjourned with liberty to restore.
Legal Topics
Duty of Care, Contribution Claims, Summary Judgment, Strike Out Applications
Tort Law Construction Law Contract Law Duty of Care Contribution Claims Summary Judgment Strike Out Applications

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Parties

Southern Insulation (Medway) Limited

Appellant/fifth Party

How Engineering Services Limited

Respondent/third Party/appellant/defendant

How Group Limited

Respondent/fourth Party

Procedural Posture

Interlocutory Appeal / Appeal From Summary Judgment/strike Out Applications

Legal Issues

  1. 1 Whether Southern owed a duty of care in tort to Linklaters or How for the claimed losses
  2. 2 Whether claims for contribution or damages could succeed against Southern on the pleaded facts

Ratio Decidendi

The applications for summary judgment and strike out failed because factual uncertainties precluded determination of the legal issues at this stage; in the How action, the judge found a collateral duty of care owed by Southern to How on the assumed facts.

Court Disposition

Appeal in Linklaters action dismissed; appeal in How action adjourned with liberty to restore.

Orders

  • Costs of each appeal reserved to the trial judge.
  • Liberty to restore appeal in How action if appropriate.