London Fire and Emergency Planning Authority (LFEPA) v Halcrow Gilbert Associates Ltd [2007] EWHC 2546 (TCC) (31 July 2007)

London Fire and Emergency Planning Authority (LFEPA) v Halcrow Gilbert Associates Ltd [2007] EWHC 2546 (TCC) (31 July 2007)

Halcrow was negligent in its design and specification of the ductwork for The Firehouse, failing to meet the standard of care expected of a competent professional in such an innovative project. The design permitted leakage of smoke oil, creating a fire risk, and Halcrow failed to specify oil-resistant materials or to review and correct the design after prior incidents. Lorne Stewart was also negligent in the installation and selection of materials. LFEPA is entitled to damages for the reasonable cost of remedial works and associated losses, as it was established on the balance of probabilities that LFEPA intended to carry out the remedial scheme.

Citation
[2007] EWHC 2546 (TCC)
Parties
Claimant: London Fire and Emergency Planning Authority; First Defendant: Halcrow Gilbert Associates Limited; Second Defendant: Halcrow Group Limited; Third Defendant/third Party: Lorne Stewart PLC
Jurisdiction
England and Wales
Judgment Date
31 July 2007
Procedural Posture
Civil Technology and Construction Court / Judgment After Trial
Outcome
Judgment for the claimant in part
Legal Topics
Negligent Design, Breach of Contract, Damages, Remedial Works, Expert Evidence, Mitigation of Loss, Measure of Damages, Duty of Care, Defective Works, Statutory Obligations
Contract Law Tort Law Professional Negligence Construction Law Negligent Design Breach of Contract Damages Remedial Works +6 more

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Parties

London Fire and Emergency Planning Authority

Claimant

Halcrow Gilbert Associates Limited

First Defendant

Halcrow Group Limited

Second Defendant

Lorne Stewart PLC

Third Defendant/third Party

Procedural Posture

Civil Technology and Construction Court / Judgment After Trial

Legal Issues

  1. 1 Whether Halcrow was negligent in the design and specification of ductwork for The Firehouse
  2. 2 Whether Halcrow breached its contractual obligations to LFEPA
  3. 3 Whether Lorne Stewart was negligent in installation and selection of materials for ductwork

Ratio Decidendi

Halcrow was negligent in its design and specification of the ductwork for The Firehouse, failing to meet the standard of care expected of a competent professional in such an innovative project. The design permitted leakage of smoke oil, creating a fire risk, and Halcrow failed to specify oil-resistant materials or to review and correct the design after prior incidents. Lorne Stewart was also negligent in the installation and selection of materials. LFEPA is entitled to damages for the reasonable cost of remedial works and associated losses, as it was established on the balance of probabilities that LFEPA intended to carry out the remedial scheme.

Court Disposition

Judgment for the claimant in part

Orders

  • Halcrow and Lorne Stewart found liable in negligence and breach of contract
  • LFEPA awarded damages for remedial works and associated losses, subject to reasonableness and mitigation