Drake v Harbour & Anor

Drake v Harbour & Anor

The Defendants were negligent in assembling and installing the temporary festoon lighting, which caused the fire. The Claimant established an evidential burden under res ipsa loquitur, and no alternative cause was shown. The Defendants failed to check for insulation damage or exacerbation during assembly. Judgment is entered against the First Defendant, Mr Harbour, as employer and contracting party.

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 Contractors' Tools
Tort Law Contract Law Negligence Implied Terms Res Ipsa Loquitur Damages Liability for Contractors' Tools

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 7
Sign in to unlock

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 through the use of defective festoon lighting during electrical works
  2. 2 Whether there was a breach of an implied term that equipment used would be fit for purpose
  3. 3 Whether the maxim res ipsa loquitur applies to shift the evidential burden to the Defendants

Ratio Decidendi

The Defendants were negligent in assembling and installing the temporary festoon lighting, which caused the fire. The Claimant established an evidential burden under res ipsa loquitur, and no alternative cause was shown. The Defendants failed to check for insulation damage or exacerbation during assembly. Judgment is entered against the First Defendant, Mr Harbour, as employer and contracting party.

Court Disposition

Judgment for the Claimant against the First Defendant

Orders

  • The First Defendant is liable in negligence for the fire and resulting damages.
  • The Claimant is awarded damages as specified for reinstatement, site clearance, project management, alternative accommodation, board up costs, value of contents, and general damages.