James Longley & Company Ltd v Forest Giles Ltd [2001] EWCA Civ 1242 (18 July 2001)

James Longley & Company Ltd v Forest Giles Ltd [2001] EWCA Civ 1242 (18 July 2001)

The sums claimed by Longley for remedial works and damages paid to the developer did not arise from 'damage to property' as defined in the public liability section of the policy. The damage was limited to the insured's own works and was expressly excluded by the policy's exceptions. No physical damage to third party property was established.

Citation
[2001] EWCA Civ 1242
Parties
Appellant/claimant: James Longley and Company Limited; Respondent/defendant: Forest Giles Limited
Jurisdiction
England and Wales
Judgment Date
18 July 2001
Procedural Posture
Civil Appeal / Appeal From High Court (technology and Construction Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Public Liability Insurance, Policy Interpretation, Defective Workmanship, Exclusions in Insurance Policies
Insurance Law Construction Law Public Liability Insurance Policy Interpretation Defective Workmanship Exclusions in Insurance Policies

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Parties

James Longley and Company Limited

Appellant/claimant

Forest Giles Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (technology and Construction Court) to Court of Appeal

Legal Issues

  1. 1 Whether costs of remedial works and damages paid by Longley are covered under section 3 (Public Liability) of the insurance policy
  2. 2 Whether the losses claimed constitute 'damage to property' as defined by the policy

Ratio Decidendi

The sums claimed by Longley for remedial works and damages paid to the developer did not arise from 'damage to property' as defined in the public liability section of the policy. The damage was limited to the insured's own works and was expressly excluded by the policy's exceptions. No physical damage to third party property was established.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs summarily assessed at £6,431.