Southern Insulation (Medway) Ltd v How Engineering Services Ltd & Ors

Southern Insulation (Medway) Ltd v How Engineering Services Ltd & Ors

The appeals were disposed of on procedural grounds: the Linklaters action appeal was dismissed due to factual uncertainties making summary judgment or striking out inappropriate; the How action appeal was adjourned as the issue of duty of care in tort was already determined at first instance and may require further consideration.

Parties
Appellant/fifth Party/defendant: Southern Insulation (Medway) Limited; Respondent/third Party/claimant: How Engineering Services Limited; Respondent/fourth Party: How Group Limited
Jurisdiction
England and Wales
Judgment Date
20 August 2010
Procedural Posture
Civil Appeal / Interlocutory Appeal From Summary Judgment/strike Out Applications
Outcome
Appeal in Linklaters action dismissed; appeal in How action adjourned with liberty to restore; costs reserved to trial judge.
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

Case Brief

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Parties

Southern Insulation (Medway) Limited

Appellant/fifth Party/defendant

How Engineering Services Limited

Respondent/third Party/claimant

How Group Limited

Respondent/fourth Party

Procedural Posture

Civil Appeal / Interlocutory 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 losses claimed
  2. 2 Whether claims for contribution or damages could succeed as a matter of law on the pleaded facts

Ratio Decidendi

The appeals were disposed of on procedural grounds: the Linklaters action appeal was dismissed due to factual uncertainties making summary judgment or striking out inappropriate; the How action appeal was adjourned as the issue of duty of care in tort was already determined at first instance and may require further consideration.

Court Disposition

Appeal in Linklaters action dismissed; appeal in How action adjourned with liberty to restore; costs reserved to trial judge.

Orders

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