Campbell v Conoco (UK) Ltd & Ors [2002] EWCA Civ 704 (2 May 2002)

Campbell v Conoco (UK) Ltd & Ors [2002] EWCA Civ 704 (2 May 2002)

The indemnity clause in the sub-contract, by its broad language, covers the injury suffered by the claimant as it occurred 'in connection with the performance or non-performance of the contract', and extends to contractual indemnity liability as well as direct tortious liability. The appeal is dismissed as the clause applies to the facts of the case.

Citation
[2002] EWCA Civ 704
Parties
Claimant: Shaun Campbell; First Defendant/1st Part 20 Claimant: Conoco (UK) Limited; Second Defendant/2nd Part 20 Claimant: Britannia Operator Limited; Part 20 Defendant (to 1st Part 20 Claim) and Part 20 Claimant (2nd Part 20 Claim)/respondent: Amec Process and Energy Limited; Part 20 Defendant (2nd Part 20 Claim)/appellant: Salamis SGB Limited
Jurisdiction
England and Wales
Judgment Date
02 May 2002
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Indemnity Clauses, Construction of Contracts, Personal Injury, Back to Back Contracts, Subcontractor Liability
Contract Law Commercial Law Tort Law Indemnity Clauses Construction of Contracts Personal Injury Back to Back Contracts Subcontractor Liability

Case Brief

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Parties

Shaun Campbell

Claimant

Conoco (UK) Limited

First Defendant/1st Part 20 Claimant

Britannia Operator Limited

Second Defendant/2nd Part 20 Claimant

Amec Process and Energy Limited

Part 20 Defendant (to 1st Part 20 Claim) and Part 20 Claimant (2nd Part 20 Claim)/respondent

Salamis SGB Limited

Part 20 Defendant (2nd Part 20 Claim)/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the indemnity clause in the sub-contract covers the injury suffered by the claimant in the circumstances of the case
  2. 2 Whether the indemnity clause extends to contractual liability for indemnity as well as direct tortious liability

Ratio Decidendi

The indemnity clause in the sub-contract, by its broad language, covers the injury suffered by the claimant as it occurred 'in connection with the performance or non-performance of the contract', and extends to contractual indemnity liability as well as direct tortious liability. The appeal is dismissed as the clause applies to the facts of the case.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs, to be the subject of detailed assessment