Cometson & Anor v Merthyr Tydfil County Borough Council [2014] EWHC 419 (Ch) (21 February 2014)

Cometson & Anor v Merthyr Tydfil County Borough Council [2014] EWHC 419 (Ch) (21 February 2014)

The Council's contractual obligation was to use reasonable skill and care in arranging for the building works to be carried out and to provide that service within a reasonable time. The Council was not a guarantor of the builder's performance. On the evidence, the Council did not breach its duty of reasonable skill and care in relation to the alleged defects, nor did it fail to provide the service within a reasonable time. The Claimants failed to prove that the Council's acts or omissions caused the alleged losses. The Council is entitled to recover the unpaid contribution from the Claimants.

Citation
[2014] EWHC 419 (Ch)
Parties
Claimant: Kevin Cometson; Claimant: Angela Tovey; Defendant/part 20 Claimant: Merthyr Tydfil County Borough Council; Third Party/part 20 Defendant: R&M Williams Limited
Jurisdiction
England and Wales
Judgment Date
21 February 2014
Procedural Posture
Civil (contract/construction) / Final Judgment After Trial
Outcome
Claim dismissed; counterclaim allowed
Legal Topics
Implied Terms in Contracts, Standard of Reasonable Skill and Care, Damages for Breach of Contract, Group Repair Schemes, Supply of Goods and Services Act 1982, Causation of Loss
Contract Law Construction Law Local Government Law Implied Terms in Contracts Standard of Reasonable Skill and Care Damages for Breach of Contract Group Repair Schemes Supply of Goods and Services Act 1982 +1 more

Case Brief

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Parties

Kevin Cometson

Claimant

Angela Tovey

Claimant

Merthyr Tydfil County Borough Council

Defendant/part 20 Claimant

R&M Williams Limited

Third Party/part 20 Defendant

Procedural Posture

Civil (contract/construction) / Final Judgment After Trial

Legal Issues

  1. 1 Nature and scope of contractual obligations owed by the Council to the Claimants under a group repair scheme
  2. 2 Whether the Council breached its duty to use reasonable skill and care in arranging building works
  3. 3 Whether the Council failed to provide services within a reasonable time

Ratio Decidendi

The Council's contractual obligation was to use reasonable skill and care in arranging for the building works to be carried out and to provide that service within a reasonable time. The Council was not a guarantor of the builder's performance. On the evidence, the Council did not breach its duty of reasonable skill and care in relation to the alleged defects, nor did it fail to provide the service within a reasonable time. The Claimants failed to prove that the Council's acts or omissions caused the alleged losses. The Council is entitled to recover the unpaid contribution from the Claimants.

Court Disposition

Claim dismissed; counterclaim allowed

Orders

  • The Claimants' claim against the Council is dismissed.
  • The Council's counterclaim for £5,604.38 is allowed.