Re-Source America International Ltd. v Platt Site Services Ltd. & Anor

Re-Source America International Ltd. v Platt Site Services Ltd. & Anor

The Court of Appeal held that Barkin Construction Ltd. was properly found liable to indemnify Platt Site Services Ltd. for the losses caused by the fire, as Barkin had assumed responsibility for fire precautions and the method of hotwork, and its negligence was the primary cause of the fire. The judge’s findings on the presence and condition of welding blankets were justified on the evidence. Although there were procedural irregularities regarding late changes to the pleaded case, no injustice resulted, and the apportionment of 100% liability to Barkin was not clearly wrong. The indemnity letter did not cover damage caused by Platt’s own negligence where holed blankets were used, but this...

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
Civil Appeal / Appeal From Technology and Construction Court
Outcome
Appeal dismissed
Legal Topics
Negligence, Contribution and Indemnity, Pleading and Procedure, Strict Liability, Apportionment of Liability
Tort Law Contract Law Construction Law Negligence Contribution and Indemnity Pleading and Procedure Strict Liability Apportionment of 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

Civil Appeal / Appeal From Technology and Construction Court

Legal Issues

  1. 1 Whether the trial judge erred in finding Barkin Construction Ltd. liable to indemnify Platt Site Services Ltd. for losses caused by fire under negligence and contract.
  2. 2 Whether the findings of fact regarding the presence and condition of welding blankets were justified.
  3. 3 Whether the judge was correct to allow claims based on issues not pleaded or raised until late in the trial.

Ratio Decidendi

The Court of Appeal held that Barkin Construction Ltd. was properly found liable to indemnify Platt Site Services Ltd. for the losses caused by the fire, as Barkin had assumed responsibility for fire precautions and the method of hotwork, and its negligence was the primary cause of the fire. The judge’s findings on the presence and condition of welding blankets were justified on the evidence. Although there were procedural irregularities regarding late changes to the pleaded case, no injustice resulted, and the apportionment of 100% liability to Barkin was not clearly wrong. The indemnity letter did not cover damage caused by Platt’s own negligence where holed blankets were used, but this...

Court Disposition

Appeal dismissed

Orders

  • Barkin Construction Ltd. to indemnify Platt Site Services Ltd. for liability to Re-Source America International Ltd. for damages and costs arising from the fire.
  • No order for a new trial; findings of the trial judge upheld.