Bloomberg LP v Malling Pre-Cast Ltd

Bloomberg LP v Malling Pre-Cast Ltd

Clause 6 of the Malling Warranty operates as a procedural bar to Bloomberg's enforcement of rights after the cut-off date but does not extinguish the underlying substantive right; therefore, Malling cannot rely on the contractual limitation to defeat contribution proceedings under the Civil Liability (Contribution) Act 1978.

Parties
Claimant: Bloomberg LP; First Defendant: Sandberg (a firm); Second Defendant: Sandberg LLP; Third Defendant: Buro Happold Limited; Third Party: Malling Pre-cast Limited
Jurisdiction
England and Wales
Judgment Date
16 October 2015
Procedural Posture
Civil / Summary Judgment Application and Strike Out Motion in Part 20 Proceedings
Outcome
Application for summary judgment and strike-out dismissed; declaratory relief declined.
Legal Topics
Limitation of Actions, Contribution Proceedings, Collateral Warranties, Contractual Interpretation
Contract Law Civil Procedure Construction Law Limitation of Actions Contribution Proceedings Collateral Warranties Contractual Interpretation

Case Brief

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Parties

Bloomberg LP

Claimant

Sandberg (a firm)

First Defendant

Sandberg LLP

Second Defendant

Buro Happold Limited

Third Defendant

Malling Pre-cast Limited

Third Party

Procedural Posture

Civil / Summary Judgment Application and Strike Out Motion in Part 20 Proceedings

Legal Issues

  1. 1 Whether clause 6 of the Malling Warranty bars contribution proceedings against Malling after the limitation period
  2. 2 Whether the Civil Liability (Contribution) Act 1978 is overridden by contractual limitation
  3. 3 Whether the underlying substantive right is extinguished or merely procedurally barred

Ratio Decidendi

Clause 6 of the Malling Warranty operates as a procedural bar to Bloomberg's enforcement of rights after the cut-off date but does not extinguish the underlying substantive right; therefore, Malling cannot rely on the contractual limitation to defeat contribution proceedings under the Civil Liability (Contribution) Act 1978.

Court Disposition

Application for summary judgment and strike-out dismissed; declaratory relief declined.