Goodlife Foods Ltd v Hall Fire Protection Ltd

Goodlife Foods Ltd v Hall Fire Protection Ltd

Clause 11 of Hall Fire’s standard terms and conditions was incorporated into the contract and is reasonable under UCTA 1977, thus effectively excluding liability for negligence. The fire suppression system as a whole does not constitute 'electrical equipment' under the 1994 Regulations, so the proposed statutory claim has no real prospect of success. The limitation period for a claim under s.41(1) CPA 1987 is 6 years from the date of the fire, but this is academic as the statutory claim fails on other grounds.

Parties
Claimant: Goodlife Foods Limited; Defendant: Hall Fire Protection Limited
Jurisdiction
England and Wales
Judgment Date
07 April 2017
Procedural Posture
Civil (contract/negligence/breach of Statutory Duty) / Judgment on Preliminary Issues and Application to Amend
Outcome
Claim dismissed; application to amend dismissed, with liberty to apply for further amendment within a specified time.
Legal Topics
Exclusion Clauses, Unfair Contract Terms Act 1977, Limitation of Liability, Breach of Statutory Duty, Consumer Protection Act 1987, Electrical Equipment (safety) Regulations 1994, Incorporation of Terms, Reasonableness Test, Limitation Periods
Contract Law Tort Law Product Liability Statutory Interpretation Exclusion Clauses Unfair Contract Terms Act 1977 Limitation of Liability Breach of Statutory Duty +5 more

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Parties

Goodlife Foods Limited

Claimant

Hall Fire Protection Limited

Defendant

Procedural Posture

Civil (contract/negligence/breach of Statutory Duty) / Judgment on Preliminary Issues and Application to Amend

Legal Issues

  1. 1 Whether clause 11 of Hall Fire’s standard terms and conditions was incorporated into the contract
  2. 2 Whether clause 11 is reasonable under the Unfair Contract Terms Act 1977
  3. 3 Whether clause 11 excludes liability for negligence

Ratio Decidendi

Clause 11 of Hall Fire’s standard terms and conditions was incorporated into the contract and is reasonable under UCTA 1977, thus effectively excluding liability for negligence. The fire suppression system as a whole does not constitute 'electrical equipment' under the 1994 Regulations, so the proposed statutory claim has no real prospect of success. The limitation period for a claim under s.41(1) CPA 1987 is 6 years from the date of the fire, but this is academic as the statutory claim fails on other grounds.

Court Disposition

Claim dismissed; application to amend dismissed, with liberty to apply for further amendment within a specified time.

Orders

  • Claim as pleaded dismissed.
  • Application for permission to amend dismissed.