Co-Operative Retail Services Ltd v Taylor Young Partnership & Ors [2000] EWCA Civ 207 (4 July 2000)

Co-Operative Retail Services Ltd v Taylor Young Partnership & Ors [2000] EWCA Civ 207 (4 July 2000)

Wimpey and Hall are not liable to make contribution to TYP and HLP because, under the joint names insurance policy and the contractual arrangements, they are not persons liable in respect of the same damage within the meaning of the Civil Liability (Contribution) Act 1978. Any claim by the insurers in CRS's name against Wimpey or Hall would be barred by circuity of action and/or an implied term of the insurance contract precluding subrogated claims between co-insureds.

Citation
[2000] EWCA Civ 207
Parties
Claimant: Co-operative Retail Services Ltd; Defendant/appellant: Taylor Young Partnership Ltd; Defendant/appellant: Hoare Lea and Partners; Third Party/respondent: Wimpey; Third Party/respondent: Hall
Jurisdiction
England and Wales
Judgment Date
04 July 2000
Procedural Posture
Appeal / Appeal From Preliminary Issue Judgment in Technology and Construction Court
Outcome
Appeal dismissed
Legal Topics
Joint Names Insurance, Contribution Claims, Subrogation, Contractual Interpretation, Negligence, Breach of Contract
Construction Law Insurance Law Contract Law Tort Law Joint Names Insurance Contribution Claims Subrogation Contractual Interpretation +2 more

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Parties

Co-operative Retail Services Ltd

Claimant

Taylor Young Partnership Ltd

Defendant/appellant

Hoare Lea and Partners

Defendant/appellant

Wimpey

Third Party/respondent

Hall

Third Party/respondent

Procedural Posture

Appeal / Appeal From Preliminary Issue Judgment in Technology and Construction Court

Legal Issues

  1. 1 Whether main contractor (Wimpey) and electrical sub-contractor (Hall) are liable to make contribution to architects (TYP) and engineers (HLP) under the Civil Liability (Contribution) Act 1978 for losses arising from a fire during construction, given the existence of joint names insurance and contractual arrangements.

Ratio Decidendi

Wimpey and Hall are not liable to make contribution to TYP and HLP because, under the joint names insurance policy and the contractual arrangements, they are not persons liable in respect of the same damage within the meaning of the Civil Liability (Contribution) Act 1978. Any claim by the insurers in CRS's name against Wimpey or Hall would be barred by circuity of action and/or an implied term of the insurance contract precluding subrogated claims between co-insureds.

Court Disposition

Appeal dismissed

Orders

  • Wimpey and Hall are not liable to make contribution to TYP and HLP for any of the claimed losses.
  • Permission to amend defence to allege contributory negligence refused.