Finesse Group Ltd v Bryson Products (A Firm)

Finesse Group Ltd v Bryson Products (A Firm)

Finesse's claim against Bostik in tort fails because the pleaded facts do not establish physical damage to property other than the adhesive itself, and economic loss is not recoverable in tort for defective products. The application to re-amend the Particulars of Claim against Bostik is refused, and the claim against Bostik is dismissed.

Parties
Claimant: Finesse Group Limited; First Defendant: Bryson Products; Second Defendant: Bostik Limited
Jurisdiction
England and Wales
Judgment Date
29 October 2013
Procedural Posture
Civil / Case Management Conference; Summary Judgment Application; Application to Re Amend Particulars of Claim
Outcome
Claim against Bostik dismissed; Application to re-amend Particulars of Claim against Bostik refused; Case remains in High Court; Directions for notification of related claims issued.
Legal Topics
Product Liability, Negligence, Economic Loss, Case Management, Summary Judgment, Amendment of Pleadings
Contract Law Tort Law Civil Procedure Product Liability Negligence Economic Loss Case Management Summary Judgment +1 more

Case Brief

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Parties

Finesse Group Limited

Claimant

Bryson Products

First Defendant

Bostik Limited

Second Defendant

Procedural Posture

Civil / Case Management Conference; Summary Judgment Application; Application to Re Amend Particulars of Claim

Legal Issues

  1. 1 Whether Finesse has a viable cause of action in tort against Bostik for defective adhesive
  2. 2 Whether the application to re-amend Particulars of Claim against Bostik should be allowed
  3. 3 Whether the claim against Bostik should be dismissed

Ratio Decidendi

Finesse's claim against Bostik in tort fails because the pleaded facts do not establish physical damage to property other than the adhesive itself, and economic loss is not recoverable in tort for defective products. The application to re-amend the Particulars of Claim against Bostik is refused, and the claim against Bostik is dismissed.

Court Disposition

Claim against Bostik dismissed; Application to re-amend Particulars of Claim against Bostik refused; Case remains in High Court; Directions for notification of related claims issued.

Orders

  • Claim against Bostik Limited dismissed.
  • Application to re-amend Particulars of Claim against Bostik refused.