Drake v Harbour & Anor [2007] EWHC 1670 (TCC) (11 July 2007)

Drake v Harbour & Anor [2007] EWHC 1670 (TCC) (11 July 2007)

The defendants were negligent in assembling and installing the temporary festoon lighting, which was the probable cause of the fire; although the precise mechanism was not established, the evidential burden was satisfied by the claimant and no alternative cause was shown. Judgment is entered against the first defendant as employer and contracting party.

Citation
[2007] EWHC 1670 (TCC)
Parties
Claimant: Mrs Hilda Drake; First Defendant: Mr Eric Anthony Harbour; Second Defendant: Mr Roy Leonard White
Jurisdiction
England and Wales
Judgment Date
11 July 2007
Procedural Posture
Civil Negligence / Judgment After Trial
Outcome
Judgment for the claimant against the first defendant.
Legal Topics
Negligence, Implied Terms, Res Ipsa Loquitur, Damages, Liability for Defective Equipment
Tort Law Contract Law Negligence Implied Terms Res Ipsa Loquitur Damages Liability for Defective Equipment

Case Brief

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Parties

Mrs Hilda Drake

Claimant

Mr Eric Anthony Harbour

First Defendant

Mr Roy Leonard White

Second Defendant

Procedural Posture

Civil Negligence / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants were negligent in causing the fire by their use and installation of temporary festoon lighting during electrical works
  2. 2 Whether an implied term existed that the contractor would use equipment fit for purpose
  3. 3 Whether the maxim res ipsa loquitur applied to shift the evidential burden to the defendants

Ratio Decidendi

The defendants were negligent in assembling and installing the temporary festoon lighting, which was the probable cause of the fire; although the precise mechanism was not established, the evidential burden was satisfied by the claimant and no alternative cause was shown. Judgment is entered against the first defendant as employer and contracting party.

Court Disposition

Judgment for the claimant against the first defendant.

Orders

  • First defendant to pay damages as assessed.
  • Damages awarded for reinstatement, site clearance, project management, alternative accommodation, boarding up, contents, and general damages.