Tate Gallery (Board of Trustees of) v Duffy Construction Ltd & Anor

Tate Gallery (Board of Trustees of) v Duffy Construction Ltd & Anor

The damage was caused by bursting and flood within the meaning of the contract and policy. Duffy is not exempt from liability for loss and damage to the Project outside its own works by clause 14.4. Breach of policy conditions by Duffy removes its contractual and co-insurance defences, allowing the trustees (and their insurers) to claim against Duffy.

Parties
Claimant: The Board of Trustees of the Tate Gallery; First Defendant: Duffy Construction Ltd.; Second Defendant: Specialist Services Electrical Limited
Jurisdiction
England and Wales
Judgment Date
15 February 2007
Procedural Posture
Civil / Trial of Preliminary Issues
Outcome
Answers to preliminary issues: Issue 1(A) Yes; Issue 1(B) Yes; Issue 2(B) No; Issue 3 Yes; Issue 4 Yes; Issue 5 Yes.
Legal Topics
Co Insurance, Specified Perils, Contract Interpretation, Negligence, Subrogation, Liability Exclusion
Insurance Law Construction Law Contract Law Tort Law Co Insurance Specified Perils Contract Interpretation Negligence +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 14 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

The Board of Trustees of the Tate Gallery

Claimant

Duffy Construction Ltd.

First Defendant

Specialist Services Electrical Limited

Second Defendant

Procedural Posture

Civil / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether the damage was caused by bursting or overflowing of water tanks, apparatus or pipes within the meaning of the contract and policy.
  2. 2 Whether the damage was caused by flood within the meaning of the contract and policy.
  3. 3 Whether Duffy is exempt from liability for loss and damage to the Works and the Project by reason of clause 14.4 and the insurance policy.

Ratio Decidendi

The damage was caused by bursting and flood within the meaning of the contract and policy. Duffy is not exempt from liability for loss and damage to the Project outside its own works by clause 14.4. Breach of policy conditions by Duffy removes its contractual and co-insurance defences, allowing the trustees (and their insurers) to claim against Duffy.

Court Disposition

Answers to preliminary issues: Issue 1(A) Yes; Issue 1(B) Yes; Issue 2(B) No; Issue 3 Yes; Issue 4 Yes; Issue 5 Yes.

Orders

  • Parties to draw up an order setting out the six preliminary issues and the answers given by the court.