Re-Source America International Ltd. v Platt Site Services Ltd. & Anor [2004] EWCA Civ 665 (28 May 2004)

Re-Source America International Ltd. v Platt Site Services Ltd. & Anor [2004] EWCA Civ 665 (28 May 2004)

The Court of Appeal held that Barkin Construction Ltd was liable to indemnify Platt Site Services Ltd for 100% of its liability to Re-source America International Ltd, as Barkin had assumed responsibility for fire protection and was negligent in its implementation. The pleadings and conduct at trial permitted the findings made, and there was no procedural unfairness. The judge's apportionment of liability was not clearly wrong. Platt could not recover under the indemnity letter due to the condition regarding proper use of fire blankets.

Citation
[2004] EWCA Civ 665
Parties
Claimant: Re-SOURCE AMERICA INTERNATIONAL LTD.; Defendant/respondent: PLATT SITE SERVICES LTD.; Part 20 Defendant/appellant: BARKIN CONSTRUCTION LTD
Jurisdiction
England and Wales
Judgment Date
28 May 2004
Procedural Posture
Appeal From Technology and Construction Court / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Contribution and Indemnity, Pleadings and Amendments, Strict Liability, Vicarious Liability
Tort Law Contract Law Construction Law Negligence Contribution and Indemnity Pleadings and Amendments Strict Liability Vicarious Liability

Case Brief

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Parties

Re-SOURCE AMERICA INTERNATIONAL LTD.

Claimant

PLATT SITE SERVICES LTD.

Defendant/respondent

BARKIN CONSTRUCTION LTD

Part 20 Defendant/appellant

Procedural Posture

Appeal From Technology and Construction Court / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Barkin Construction Ltd was liable to indemnify Platt Site Services Ltd for damages arising from a fire caused during construction works.
  2. 2 Whether the trial judge erred in allowing claims based on facts and legal theories not pleaded or argued at trial.
  3. 3 Whether Platt could pass liability to Barkin for negligence relating to fire protection measures.

Ratio Decidendi

The Court of Appeal held that Barkin Construction Ltd was liable to indemnify Platt Site Services Ltd for 100% of its liability to Re-source America International Ltd, as Barkin had assumed responsibility for fire protection and was negligent in its implementation. The pleadings and conduct at trial permitted the findings made, and there was no procedural unfairness. The judge's apportionment of liability was not clearly wrong. Platt could not recover under the indemnity letter due to the condition regarding proper use of fire blankets.

Court Disposition

Appeal dismissed

Orders

  • Barkin Construction Ltd to indemnify Platt Site Services Ltd for 100% of its liability to Re-source America International Ltd.
  • No recovery by Platt under the indemnity letter.