AIC Ltd v Its Testing Services (UK) Ltd [2005] EWHC 2122 (Comm) (07 October 2005)

AIC Ltd v Its Testing Services (UK) Ltd [2005] EWHC 2122 (Comm) (07 October 2005)

ITS breached contractual and tortious duties by failing to use the correct test method, issuing certificates based on erroneous results, and failing to disclose material information (Cooper re-tests). ITS's conduct amounted to negligence and misrepresentation. The claim is not time-barred due to continuing duties and deliberate concealment. AIC is entitled to damages and contribution from ITS under the Civil Liability (Contribution) Act 1978.

Citation
[2005] EWHC 2122 (Comm)
Parties
Claimant: AIC LIMITED; Defendant: ITS TESTING SERVICES (UK) LIMITED
Jurisdiction
England and Wales
Judgment Date
07 October 2005
Procedural Posture
Commercial Court Action for Damages and Contribution / Final Judgment
Outcome
Judgment for claimant
Legal Topics
Negligence, Misrepresentation, Limitation, Contribution, Inspection of Goods, International Trade
Contract Law Tort Law Commercial Law Negligence Misrepresentation Limitation Contribution Inspection of Goods +1 more

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Parties

AIC LIMITED

Claimant

ITS TESTING SERVICES (UK) LIMITED

Defendant

Procedural Posture

Commercial Court Action for Damages and Contribution / Final Judgment

Legal Issues

  1. 1 Whether ITS breached contractual and tortious duties owed to AIC
  2. 2 Whether ITS made negligent misrepresentations or acted in deceit
  3. 3 Whether ITS failed to disclose material information (Cooper re-tests)

Ratio Decidendi

ITS breached contractual and tortious duties by failing to use the correct test method, issuing certificates based on erroneous results, and failing to disclose material information (Cooper re-tests). ITS's conduct amounted to negligence and misrepresentation. The claim is not time-barred due to continuing duties and deliberate concealment. AIC is entitled to damages and contribution from ITS under the Civil Liability (Contribution) Act 1978.

Court Disposition

Judgment for claimant

Orders

  • ITS to pay damages to AIC
  • ITS to make contribution to AIC under Civil Liability (Contribution) Act 1978