The Worshipful Company of Grocers v Keltbray Group Holdings Ltd & Anor [2016] EWHC 1167 (QB) (19 May 2016)

The Worshipful Company of Grocers v Keltbray Group Holdings Ltd & Anor [2016] EWHC 1167 (QB) (19 May 2016)

The court found that, although the defendant was negligent in causing the collapse, the claimant failed to prove on the balance of probabilities that the vibrations from the collapse caused the fracture of the cistern at Grocers' Hall. The expert evidence did not establish that the vibrations were of sufficient magnitude to cause the damage, especially given the lack of similar damage to closer buildings and the constructional defects present in Grocers' Hall. Accordingly, causation was not established and the claim failed.

Citation
[2016] EWHC 1167
Parties
Claimant: The Worshipful Company of Grocers; First Defendant: Keltbray Group Holdings Limited; Second Defendant: Rook (HPL) Limited
Jurisdiction
England and Wales
Judgment Date
19 May 2016
Procedural Posture
Tort/negligence Property Damage / High Court Trial Judgment
Outcome
Claim dismissed
Legal Topics
Negligence, Causation, Property Damage, Vibration Damage, Building Defects
Tort Law Construction Law Negligence Causation Property Damage Vibration Damage Building Defects

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Parties

The Worshipful Company of Grocers

Claimant

Keltbray Group Holdings Limited

First Defendant

Rook (HPL) Limited

Second Defendant

Procedural Posture

Tort/negligence Property Damage / High Court Trial Judgment

Legal Issues

  1. 1 Whether the collapse at the London Stock Exchange site caused the fracture of the cistern at Grocers' Hall via ground-borne vibration
  2. 2 Whether the damage to Grocers' Hall was attributable to the defendant's admitted negligence

Ratio Decidendi

The court found that, although the defendant was negligent in causing the collapse, the claimant failed to prove on the balance of probabilities that the vibrations from the collapse caused the fracture of the cistern at Grocers' Hall. The expert evidence did not establish that the vibrations were of sufficient magnitude to cause the damage, especially given the lack of similar damage to closer buildings and the constructional defects present in Grocers' Hall. Accordingly, causation was not established and the claim failed.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed against the First Defendant
  • No order as to costs against the discontinued Second Defendant