Goldswain & Anor v Beltec Ltd (t/a BCS Consulting) & Anor

Goldswain & Anor v Beltec Ltd (t/a BCS Consulting) & Anor

Beltec Limited was not negligent as its design was competent, industry standard, and capable of safe implementation by a competent contractor. There was no contractual obligation to supervise or warn beyond what was provided. The collapse was caused by AIMS' failure to follow the design, install propping, and construct the slab and kicker as specified. No causative breach was established against Beltec. AIMS was liable for the collapse and resulting losses.

Parties
Claimant: Edward Goldswain; Claimant: Jacqueline Hale; First Defendant: Beltec Limited (t/a BCS Consulting); Second Defendant: AIMS Plumbing and Building Services Limited
Jurisdiction
England and Wales
Judgment Date
10 March 2015
Procedural Posture
Civil Professional Negligence / Judgment After Trial
Outcome
Claim against Beltec Limited dismissed; judgment for Beltec. Judgment for Claimants against AIMS Plumbing and Building Services Limited for damages assessed at £287,754.55.
Legal Topics
Duty to Warn, Standard of Care, Liability of Engineers, Temporary Works, Causation, Quantum of Damages
Tort Contract Construction Law Professional Negligence Duty to Warn Standard of Care Liability of Engineers Temporary Works +2 more

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Parties

Edward Goldswain

Claimant

Jacqueline Hale

Claimant

Beltec Limited (t/a BCS Consulting)

First Defendant

AIMS Plumbing and Building Services Limited

Second Defendant

Procedural Posture

Civil Professional Negligence / Judgment After Trial

Legal Issues

  1. 1 Whether Beltec Limited was negligent in its design and/or failed to warn of risks in the basement works
  2. 2 Whether AIMS Plumbing and Building Services Limited was negligent in carrying out the works
  3. 3 Whether any breach by Beltec caused the collapse and loss

Ratio Decidendi

Beltec Limited was not negligent as its design was competent, industry standard, and capable of safe implementation by a competent contractor. There was no contractual obligation to supervise or warn beyond what was provided. The collapse was caused by AIMS' failure to follow the design, install propping, and construct the slab and kicker as specified. No causative breach was established against Beltec. AIMS was liable for the collapse and resulting losses.

Court Disposition

Claim against Beltec Limited dismissed; judgment for Beltec. Judgment for Claimants against AIMS Plumbing and Building Services Limited for damages assessed at £287,754.55.

Orders

  • Claim against Beltec Limited dismissed.
  • Judgment for Claimants against AIMS Plumbing and Building Services Limited.