United Marine Aggregates Ltd v G.M.Welding & Engineering Ltd & Anor

United Marine Aggregates Ltd v G.M.Welding & Engineering Ltd & Anor

The fire was caused by a globule of molten steel from the Defendants' hot work penetrating mastic in the underpan lining, starting a smouldering fire that later ignited. However, the Defendants took all reasonable precautions known and approved by UMA, including hosing down and fire watch for over an hour. The risk of a smouldering fire persisting undetected was not reasonably foreseeable. UMA had waived strict compliance with its Hot Work Procedure. Therefore, the Defendants were not liable in contract or tort. The Defendants' insurance claim would have failed due to breach of the warranty requiring all combustible materials to be covered and protected, as the mastic was not so covered.

Parties
Claimant: United Marine Aggregates Limited; Defendant: G. M. Welding & Engineering Limited; Part 20 Defendant: Novae Syndicates Limited
Jurisdiction
England and Wales
Judgment Date
02 April 2012
Procedural Posture
Civil / Judgment After Full Trial
Outcome
Claim dismissed
Legal Topics
Negligence, Fire Damage, Contractual Duties, Insurance Warranties, Causation, Risk Assessment, Employer's Liability
Tort Contract Insurance Negligence Fire Damage Contractual Duties Insurance Warranties Causation +2 more

Case Brief

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Parties

United Marine Aggregates Limited

Claimant

G. M. Welding & Engineering Limited

Defendant

Novae Syndicates Limited

Part 20 Defendant

Procedural Posture

Civil / Judgment After Full Trial

Legal Issues

  1. 1 Whether the fire was caused by the Defendants' breach of duty in contract or tort
  2. 2 Whether the Defendants are entitled to indemnity from their insurers under the policy
  3. 3 Whether the Defendants complied with contractual and insurance fire safety procedures

Ratio Decidendi

The fire was caused by a globule of molten steel from the Defendants' hot work penetrating mastic in the underpan lining, starting a smouldering fire that later ignited. However, the Defendants took all reasonable precautions known and approved by UMA, including hosing down and fire watch for over an hour. The risk of a smouldering fire persisting undetected was not reasonably foreseeable. UMA had waived strict compliance with its Hot Work Procedure. Therefore, the Defendants were not liable in contract or tort. The Defendants' insurance claim would have failed due to breach of the warranty requiring all combustible materials to be covered and protected, as the mastic was not so covered.

Court Disposition

Claim dismissed

Orders

  • UMA's claim against the Defendants is dismissed.
  • The Defendants' claim against the insurers is dismissed.