Liberty Syndicate Management & Anor v Campagna Ltd & Anor [2011] EWHC 209 (TCC) (09 February 2011)

Liberty Syndicate Management & Anor v Campagna Ltd & Anor [2011] EWHC 209 (TCC) (09 February 2011)

Campagna's duty was to exercise reasonable skill and care expected of a competent surveyor, not to ensure defect-free properties. The standard of care is defined by the contractual retainer and industry practice, requiring critical and inquisitive inspections but not exhaustive or intrusive checks. The technical auditor may rely on the contractor unless there is reason to doubt competence. The absence of detailed plans and intermittent inspections inherently limit defect detection. The court finds Campagna's duty is not absolute and must be assessed case-by-case against specific defects and circumstances.

Citation
[2011] EWHC 209 (TCC)
Parties
Claimant: Liberty Syndicate Management Limited; Claimant: Liberty Corporate Capital Limited; Defendant: Campagna Ltd; Defendant: Campagna Limited
Jurisdiction
England and Wales
Judgment Date
09 February 2011
Procedural Posture
Commercial Breach of Contract and Negligence / Preliminary Issues Judgment
Outcome
Preliminary issues determined; no final liability or quantum decided.
Legal Topics
Standard of Care, Technical Audit, Latent Defects, Duty of Inspection, Breach of Contract, Negligence
Insurance Construction Contract Tort Standard of Care Technical Audit Latent Defects Duty of Inspection +2 more

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Parties

Liberty Syndicate Management Limited

Claimant

Liberty Corporate Capital Limited

Claimant

Campagna Ltd

Defendant

Campagna Limited

Defendant

Procedural Posture

Commercial Breach of Contract and Negligence / Preliminary Issues Judgment

Legal Issues

  1. 1 What is the scope and standard of duty owed by Campagna as technical auditor under the Premier Guarantee Scheme in Ireland?
  2. 2 Did Campagna breach its contractual or tortious duty in inspecting and approving properties?
  3. 3 To what extent should a competent technical auditor have discovered defects in the insured properties?

Ratio Decidendi

Campagna's duty was to exercise reasonable skill and care expected of a competent surveyor, not to ensure defect-free properties. The standard of care is defined by the contractual retainer and industry practice, requiring critical and inquisitive inspections but not exhaustive or intrusive checks. The technical auditor may rely on the contractor unless there is reason to doubt competence. The absence of detailed plans and intermittent inspections inherently limit defect detection. The court finds Campagna's duty is not absolute and must be assessed case-by-case against specific defects and circumstances.

Court Disposition

Preliminary issues determined; no final liability or quantum decided.

Orders

  • Scope and standard of Campagna's duty clarified for subsequent proceedings.
  • Further hearings required to determine liability and quantum.