Cometson & Anor v Merthyr Tydfil County Borough Council & Anor

Cometson & Anor v Merthyr Tydfil County Borough Council & Anor

The Council was not a main contractor and did not contract to carry out or procure the building works themselves. The Council’s contractual obligation was to arrange for the implementation of the scheme and supervise the works to the Claimants’ property, with implied terms under the Supply of Goods and Services Act 1982 to exercise reasonable care and skill and to act within a reasonable time. The more onerous implied terms pleaded by the Claimants were not applicable.

Parties
Claimant: Kevin Cometson; Claimant: Angela Tovey; Defendant: Merthyr Tydfil County Borough Council; Defendant: R & M Williams Limited
Jurisdiction
England and Wales
Judgment Date
30 November 2012
Procedural Posture
Civil / Judgment on Preliminary Issues
Outcome
Determination of preliminary issues; no final judgment on liability or quantum.
Legal Topics
Implied Terms, Supply of Services, Agency, Building Contracts
Contract Law Local Government Law Implied Terms Supply of Services Agency Building Contracts

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Parties

Kevin Cometson

Claimant

Angela Tovey

Claimant

Merthyr Tydfil County Borough Council

Defendant

R & M Williams Limited

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues

Legal Issues

  1. 1 What was the nature of the contractual relationship between the Claimants and the Council?
  2. 2 What express and implied terms governed the Council's obligations?
  3. 3 Was the Council liable as a main contractor or only for arranging and supervising works?

Ratio Decidendi

The Council was not a main contractor and did not contract to carry out or procure the building works themselves. The Council’s contractual obligation was to arrange for the implementation of the scheme and supervise the works to the Claimants’ property, with implied terms under the Supply of Goods and Services Act 1982 to exercise reasonable care and skill and to act within a reasonable time. The more onerous implied terms pleaded by the Claimants were not applicable.

Court Disposition

Determination of preliminary issues; no final judgment on liability or quantum.

Orders

  • The contractual relationship between the Claimants and the Council is as described in the judgment, with implied terms under sections 13 and 14 of the Supply of Goods and Services Act 1982.
  • No other implied terms as pleaded by the Claimants are to be implied.