Tinseltime Ltd. v Eryl Roberts

Tinseltime Ltd. v Eryl Roberts

FOY had sufficient interest in premises and owned machinery at relevant time; claims effectively assigned to Tinseltime; Denbighshire and WAG not liable for acts/omissions of Roberts due to independent contractor defence; claims for loss of profits and management time not reasonably arguable; only machinery repairs claim may proceed against Roberts and Davies.

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 / Judgment on Preliminary Issue
Outcome
Claimant entitled to bring claim in negligence and nuisance against First and Second Defendants only; claims against Third and Fourth Defendants dismissed; claims for loss of profits and management time summarily dismissed.
Legal Topics
Nuisance, Negligence, Assignment of Claims, Non Delegable Duty, Champerty
Tort Contract Nuisance Negligence Assignment of Claims Non Delegable Duty Champerty

Case Brief

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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 / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether FOY had sufficient interest in premises to maintain nuisance claim
  2. 2 Whether FOY owned machinery and operated business for negligence claim
  3. 3 Whether FOY's claims were effectively assigned to Tinseltime

Ratio Decidendi

FOY had sufficient interest in premises and owned machinery at relevant time; claims effectively assigned to Tinseltime; Denbighshire and WAG not liable for acts/omissions of Roberts due to independent contractor defence; claims for loss of profits and management time not reasonably arguable; only machinery repairs claim may proceed against Roberts and Davies.

Court Disposition

Claimant entitled to bring claim in negligence and nuisance against First and Second Defendants only; claims against Third and Fourth Defendants dismissed; claims for loss of profits and management time summarily dismissed.

Orders

  • Declaration that claimant has no reasonable prospect of success in claims for loss of profits and wasted management and staff time.
  • Claims against Denbighshire County Council and Welsh Assembly Government dismissed.