Iliffe & Anor v Feltham Construction Ltd [2014] EWHC 2125 (TCC) (03 July 2014)

Iliffe & Anor v Feltham Construction Ltd [2014] EWHC 2125 (TCC) (03 July 2014)

The court found that the defendant had no real prospect of successfully defending the claim. The evidence, including expert reports, established that the fire was caused by the defective installation of the chimney flue, for which the defendant was contractually responsible under the JCT Intermediate Building Contract. The defendant's arguments did not raise a real or substantial dispute of fact or law requiring a trial.

Citation
[2014] EWHC 2125 (TCC)
Parties
Claimant: The Honourable Edward Iliffe; Claimant: Mrs Teleri Iliffe; Defendant: Feltham Construction Limited
Jurisdiction
England and Wales
Judgment Date
03 July 2014
Procedural Posture
Civil Construction Contract Dispute / Summary Judgment Application
Outcome
Summary judgment granted for the claimants; damages to be assessed.
Legal Topics
Summary Judgment, Building Contracts, Negligence, Subcontractor Liability, Causation, Damages
Construction Law Contract Law Tort Law Summary Judgment Building Contracts Negligence Subcontractor Liability Causation +1 more

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Parties

The Honourable Edward Iliffe

Claimant

Mrs Teleri Iliffe

Claimant

Feltham Construction Limited

Defendant

Procedural Posture

Civil Construction Contract Dispute / Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant has a real prospect of successfully defending the claim for damages arising from a fire allegedly caused by defective installation of a chimney flue
  2. 2 Whether there is a contract between the parties incorporating the JCT Intermediate Building Contract terms
  3. 3 Whether the defendant is liable for the acts and omissions of its subcontractors under the contract

Ratio Decidendi

The court found that the defendant had no real prospect of successfully defending the claim. The evidence, including expert reports, established that the fire was caused by the defective installation of the chimney flue, for which the defendant was contractually responsible under the JCT Intermediate Building Contract. The defendant's arguments did not raise a real or substantial dispute of fact or law requiring a trial.

Court Disposition

Summary judgment granted for the claimants; damages to be assessed.

Orders

  • Defendant to pay damages to be assessed.
  • Substantial interim payment to be made by the defendant.