Tinseltime Ltd. v Eryl Roberts [2011] EWHC 1199 (TCC) (13 May 2011)

Tinseltime Ltd. v Eryl Roberts [2011] EWHC 1199 (TCC) (13 May 2011)

FOY had exclusive occupation and ownership of machinery at the relevant time, and claims were effectively assigned to Tinseltime. Denbighshire and WAG are not liable for acts of independent contractor Roberts, as neither special risk nor dividing structure exceptions apply to the nuisance/negligence alleged. Claims for machinery repairs and loss of profits are reasonably arguable only to the extent incurred by FOY prior to assignment; claims post-transfer are not recoverable.

Citation
[2011] EWHC 1199 (TCC)
Parties
Claimant: Tinseltime Limited; First Defendant: Eryl Roberts; Second Defendant: M & JT Davies; Third Defendant: Denbighshire County Council; Fourth Defendant: Welsh Assembly Government
Jurisdiction
England and Wales
Judgment Date
13 May 2011
Procedural Posture
Civil Tort (nuisance/negligence) / Judgment on Preliminary Issue
Outcome
Claims against Denbighshire County Council and Welsh Assembly Government dismissed; claims against Roberts and Davies may proceed to trial on limited heads of damage.
Legal Topics
Nuisance, Negligence, Assignment of Claims, Non Delegable Duty, Champerty, Exclusive Possession, Liability of Independent Contractors
Tort Law Contract Law Property Law Nuisance Negligence Assignment of Claims Non Delegable Duty Champerty +2 more

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Parties

Tinseltime Limited

Claimant

Eryl Roberts

First Defendant

M & JT Davies

Second Defendant

Denbighshire County Council

Third Defendant

Welsh Assembly Government

Fourth Defendant

Procedural Posture

Civil Tort (nuisance/negligence) / Judgment on Preliminary Issue

Legal Issues

  1. 1 Did FOY have sufficient interest in the premises to maintain a claim in nuisance?
  2. 2 Did FOY own the machinery and operate the business at the relevant time to maintain a claim in negligence?
  3. 3 Were FOY's claims effectively assigned to Tinseltime?

Ratio Decidendi

FOY had exclusive occupation and ownership of machinery at the relevant time, and claims were effectively assigned to Tinseltime. Denbighshire and WAG are not liable for acts of independent contractor Roberts, as neither special risk nor dividing structure exceptions apply to the nuisance/negligence alleged. Claims for machinery repairs and loss of profits are reasonably arguable only to the extent incurred by FOY prior to assignment; claims post-transfer are not recoverable.

Court Disposition

Claims against Denbighshire County Council and Welsh Assembly Government dismissed; claims against Roberts and Davies may proceed to trial on limited heads of damage.

Orders

  • Application to amend to join Denbighshire and WAG refused.
  • Claims for machinery repairs and loss of profits incurred by FOY prior to assignment may proceed.