Smith & Anor v Howard & Anor [2022] EWHC 562 (TCC) (16 March 2022)

Smith & Anor v Howard & Anor [2022] EWHC 562 (TCC) (16 March 2022)

Mr. Bloomfield was negligent in leaving the IBC containing oil near the boiler room, a known ignition source, contrary to established safe practice. This negligence materially contributed to the rapid spread of the fire, as the IBC's involvement caused a large quantity of oil to leak and ignite, spreading the fire beyond what would have occurred otherwise. The evidence of the claimants and their expert was preferred and supported by contemporaneous fire service records and expert calculations.

Citation
[2022] EWHC 562 (TCC)
Parties
Claimant: John Henry Smith (trading as Chrisma Supplies, Trimic Foods and JH Smith); Claimant: Margaret Catherine Smith; Defendant: John Howard; Defendant: David Howard
Jurisdiction
England and Wales
Judgment Date
16 March 2022
Procedural Posture
Tort/negligence Property Damage / Liability and Causation Trial
Outcome
Liability and causation found in favour of the claimants; order to be agreed or further hearing if not agreed.
Legal Topics
Negligence, Causation, Fire Damage, Duty of Care
Tort Law Property Law Negligence Causation Fire Damage Duty of Care

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Parties

John Henry Smith (trading as Chrisma Supplies, Trimic Foods and JH Smith)

Claimant

Margaret Catherine Smith

Claimant

John Howard

Defendant

David Howard

Defendant

Procedural Posture

Tort/negligence Property Damage / Liability and Causation Trial

Legal Issues

  1. 1 Whether it was negligent for Mr. Bloomfield to leave a full IBC in the access way to the canteen
  2. 2 Whether oil from the IBC materially contributed to the spread of the fire
  3. 3 Whether the involvement of the IBC made a difference to the ultimate outcome

Ratio Decidendi

Mr. Bloomfield was negligent in leaving the IBC containing oil near the boiler room, a known ignition source, contrary to established safe practice. This negligence materially contributed to the rapid spread of the fire, as the IBC's involvement caused a large quantity of oil to leak and ignite, spreading the fire beyond what would have occurred otherwise. The evidence of the claimants and their expert was preferred and supported by contemporaneous fire service records and expert calculations.

Court Disposition

Liability and causation found in favour of the claimants; order to be agreed or further hearing if not agreed.