Linklaters Business Services (Formerly Hackwood Services Company) v Sir Robert McaLpine Ltd [2010] EWHC 1145 (TCC) (21 May 2010)

Linklaters Business Services (Formerly Hackwood Services Company) v Sir Robert McaLpine Ltd [2010] EWHC 1145 (TCC) (21 May 2010)

The application for summary judgment or strike out is refused because there are unresolved factual uncertainties regarding the nature and extent of physical damage, and the legal issues concerning the scope of duty of care in construction cases involving sub-sub-contractors remain unsettled and require determination...

Source-derived case information.

Citation
[2010] EWHC 1145 (TCC)
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
Application for Summary Judgment And/or Strike Out / Interlocutory
Outcome
Application dismissed
Legal Topics
Duty of Care, Economic Loss, Negligence, Contribution Proceedings, Complex Structure Theory
Tort Construction Law Duty of Care Economic Loss Negligence Contribution Proceedings Complex Structure Theory

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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

Application for Summary Judgment And/or Strike Out / Interlocutory

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 Scope of duty of care in construction context for economic loss
  3. 3 Application of complex structure theory

Ratio Decidendi

The application for summary judgment or strike out is refused because there are unresolved factual uncertainties regarding the nature and extent of physical damage, and the legal issues concerning the scope of duty of care in construction cases involving sub-sub-contractors remain unsettled and require determination at trial.

Court Disposition

Application dismissed

Orders

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