Goodlife Foods Ltd v Hall Fire Protection Ltd [2017] EWHC 767 (TCC) (07 April 2017)

Goodlife Foods Ltd v Hall Fire Protection Ltd [2017] EWHC 767 (TCC) (07 April 2017)

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 does not fall within the definition of 'electrical equipment' under the 1994 Regulations, so the proposed statutory duty claim has no real prospect of success.

Citation
[2017] EWHC 767 (TCC)
Parties
Claimant: Goodlife Foods Limited; Defendant: Hall Fire Protection Limited
Jurisdiction
England and Wales
Judgment Date
07 April 2017
Procedural Posture
Commercial Contract Dispute (preliminary Issue and Amendment Application) / High Court (technology and Construction Court) Judgment on Preliminary Issue and Amendment Application
Outcome
Claim dismissed; application to amend dismissed
Legal Topics
Exclusion Clauses, Incorporation of Terms, Unfair Contract Terms Act 1977, Limitation Periods, Consumer Protection Act 1987, Electrical Equipment (safety) Regulations 1994, Negligence, Breach of Statutory Duty
Contract Law Tort Law Product Liability Statutory Interpretation Exclusion Clauses Incorporation of Terms Unfair Contract Terms Act 1977 Limitation Periods +4 more

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Parties

Goodlife Foods Limited

Claimant

Hall Fire Protection Limited

Defendant

Procedural Posture

Commercial Contract Dispute (preliminary Issue and Amendment Application) / High Court (technology and Construction Court) Judgment on Preliminary Issue and Amendment Application

Legal Issues

  1. 1 Whether clause 11 of Hall Fire's standard terms and conditions was incorporated into the contract and is effective to exclude liability for negligence
  2. 2 Whether clause 11 is reasonable under the Unfair Contract Terms Act 1977
  3. 3 Whether the fire suppression system is 'electrical equipment' under the 1994 Regulations for the purposes of a statutory duty claim

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 does not fall within the definition of 'electrical equipment' under the 1994 Regulations, so the proposed statutory duty claim has no real prospect of success.

Court Disposition

Claim dismissed; application to amend dismissed

Orders

  • Claim in its existing form dismissed
  • Application to amend to plead breach of statutory duty dismissed