Iliffe & Anor v Feltham Construction Ltd & Ors

Iliffe & Anor v Feltham Construction Ltd & Ors

Summary judgment on liability was inappropriate because causation of the fire was not sufficiently clear, further pleadings and evidence from other parties were pending, and there was a compelling reason for a full trial to do justice among all parties. The requirements of CPR 24.2 were not satisfied in the circumstances.

Parties
Claimant/respondent: The Hon. Edward Iliffe; Claimant/respondent: Mrs Teleri Iliffe; Defendant/appellant: Feltham Construction Limited; Third Party: Affleck Mechanical Services Limited; Fourth Party: Docherty Chimney Group Limited; Fifth Party: Karl Callaway
Jurisdiction
England and Wales
Judgment Date
09 July 2015
Procedural Posture
Civil Appeal / Appeal From Summary Judgment on Liability
Outcome
Appeal allowed; summary judgment set aside
Legal Topics
Summary Judgment, Multi Party Litigation, Contract Formation, Liability for Defective Workmanship, Causation of Fire Damage
Construction Law Contract Law Civil Procedure Summary Judgment Multi Party Litigation Contract Formation Liability for Defective Workmanship Causation of Fire Damage

Case Brief

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Parties

The Hon. Edward Iliffe

Claimant/respondent

Mrs Teleri Iliffe

Claimant/respondent

Feltham Construction Limited

Defendant/appellant

Affleck Mechanical Services Limited

Third Party

Docherty Chimney Group Limited

Fourth Party

Karl Callaway

Fifth Party

Procedural Posture

Civil Appeal / Appeal From Summary Judgment on Liability

Legal Issues

  1. 1 Whether summary judgment on liability was appropriate in a multi-party construction dispute where causation was unclear and further pleadings were pending
  2. 2 Whether a contract existed between the claimants and Feltham for Phase 3 works and the scope of design responsibility
  3. 3 Whether it was just to enter summary judgment before all parties had pleaded their cases

Ratio Decidendi

Summary judgment on liability was inappropriate because causation of the fire was not sufficiently clear, further pleadings and evidence from other parties were pending, and there was a compelling reason for a full trial to do justice among all parties. The requirements of CPR 24.2 were not satisfied in the circumstances.

Court Disposition

Appeal allowed; summary judgment set aside

Orders

  • The judge’s order of 3 July 2014 is set aside
  • No party to recover costs referable to preparation of the appeal bundle