Persimmon Homes Ltd v Ove Arup & Partners Ltd & Anor [2017] EWCA Civ 373 (25 May 2017)

Persimmon Homes Ltd v Ove Arup & Partners Ltd & Anor [2017] EWCA Civ 373 (25 May 2017)

The exemption clauses, properly construed in their commercial context, exclude all liability for any claim in relation to asbestos, including claims based on negligence. The natural meaning of the words, the allocation of risk, and the insurance arrangements support this interpretation. Neither the contra proferentem rule nor the Canada Steamship principles alter this outcome.

Citation
[2017] EWCA Civ 373
Parties
Appellant / Claimant: Persimmon Homes Limited; Appellant / Claimant: Taylor Wimpey UK Limited; Appellant / Claimant: BDW Trading Limited; Respondent / Defendant: Ove Arup & Partners Limited; Respondent / Defendant: Ove Arup & Partners International Limited
Jurisdiction
England and Wales
Judgment Date
25 May 2017
Procedural Posture
Appeal (civil) / Judgment on Appeal From Preliminary Issues in Technology and Construction Court
Outcome
Appeal dismissed
Legal Topics
Exclusion Clauses, Professional Negligence, Interpretation of Contracts, Allocation of Risk, Professional Indemnity Insurance
Contract Law Construction Law Exclusion Clauses Professional Negligence Interpretation of Contracts Allocation of Risk Professional Indemnity Insurance

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Parties

Persimmon Homes Limited

Appellant / Claimant

Taylor Wimpey UK Limited

Appellant / Claimant

BDW Trading Limited

Appellant / Claimant

Ove Arup & Partners Limited

Respondent / Defendant

Ove Arup & Partners International Limited

Respondent / Defendant

Procedural Posture

Appeal (civil) / Judgment on Appeal From Preliminary Issues in Technology and Construction Court

Legal Issues

  1. 1 Whether the exemption clauses exclude liability for negligence relating to asbestos
  2. 2 Interpretation of exclusion clauses in commercial contracts
  3. 3 Applicability of contra proferentem and Canada Steamship principles

Ratio Decidendi

The exemption clauses, properly construed in their commercial context, exclude all liability for any claim in relation to asbestos, including claims based on negligence. The natural meaning of the words, the allocation of risk, and the insurance arrangements support this interpretation. Neither the contra proferentem rule nor the Canada Steamship principles alter this outcome.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.