Gray v Fire Alarm Fabrication Services Ltd & Ors [2006] EWHC 849 (QB) (03 March 2006)

Gray v Fire Alarm Fabrication Services Ltd & Ors [2006] EWHC 849 (QB) (03 March 2006)

Both Humphries and Thistle owed a duty of care to Mr Gray. Humphries, as main contractor, failed to supervise and ensure a safe system of work, and Thistle, as building owner with special knowledge of the permit system, failed to communicate the prohibition on roof access. Both contributed to the accident. The contractual indemnity did not extend to cover Humphries' own negligence. Liability was apportioned: FAFS 50%, Humphries 30%, Thistle 20%.

Citation
[2006] EWHC 849 (QB)
Parties
Claimant: Barbara Gray; First Defendant: Fire Alarm Fabrication Services Limited; Second Defendant: E. H. Humphries (Norton) Limited; Third Defendant: Thistle Hotels Limited
Jurisdiction
England and Wales
Judgment Date
03 March 2006
Procedural Posture
Contribution Claim Following Settlement of Fatal Accident Claim / Judgment After Trial of Contribution Proceedings
Outcome
Contribution ordered; Humphries and Thistle held liable to contribute to damages and costs paid by FAFS to the claimant. Humphries' claim for contractual indemnity against its own negligence rejected.
Legal Topics
Employer's Liability, Negligence, Contribution Between Tortfeasors, Contractual Indemnity, Duties of Main Contractor, Duties of Occupier, Health and Safety at Work
Tort Law Contract Law Health and Safety Law Employer's Liability Negligence Contribution Between Tortfeasors Contractual Indemnity Duties of Main Contractor +2 more

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Parties

Barbara Gray

Claimant

Fire Alarm Fabrication Services Limited

First Defendant

E. H. Humphries (Norton) Limited

Second Defendant

Thistle Hotels Limited

Third Defendant

Procedural Posture

Contribution Claim Following Settlement of Fatal Accident Claim / Judgment After Trial of Contribution Proceedings

Legal Issues

  1. 1 Whether Humphries and Thistle are liable to contribute to damages and costs paid by FAFS to the claimant under the Civil Liability (Contribution) Act 1978
  2. 2 Whether Humphries is entitled to a contractual indemnity from FAFS for its own negligence or breach of statutory duty
  3. 3 Whether Thistle owed a duty of care to Mr Gray as building owner with special knowledge

Ratio Decidendi

Both Humphries and Thistle owed a duty of care to Mr Gray. Humphries, as main contractor, failed to supervise and ensure a safe system of work, and Thistle, as building owner with special knowledge of the permit system, failed to communicate the prohibition on roof access. Both contributed to the accident. The contractual indemnity did not extend to cover Humphries' own negligence. Liability was apportioned: FAFS 50%, Humphries 30%, Thistle 20%.

Court Disposition

Contribution ordered; Humphries and Thistle held liable to contribute to damages and costs paid by FAFS to the claimant. Humphries' claim for contractual indemnity against its own negligence rejected.

Orders

  • FAFS to bear 50% of liability, Humphries 30%, Thistle 20%
  • Formal handing down of judgment to be scheduled