James Alan Gambrill v NG Bailey Facilities Services Ltd

James Alan Gambrill v NG Bailey Facilities Services Ltd

B&B was entitled to summary judgment on the contribution and indemnity claims because it did not employ the claimant and the contractual indemnity did not extend to NGB's own negligence; the proposed amendment to plead a breach of contract claim was refused as late, prejudicial, and lacking real prospects of success, as NGB's own negligence broke the chain of causation.

Parties
Claimant: James Alan Gambrill; Defendant: NG Bailey Facilities Services Ltd; Third Party: Beauchamp & Bird Limited
Jurisdiction
England and Wales
Judgment Date
20 March 2026
Procedural Posture
Civil / Interlocutory Applications (strike Out, Summary Judgment, Amendment) Prior to Trial
Outcome
Summary judgment granted to B&B on contribution and indemnity claims; permission to amend refused; NGB's amendment application dismissed.
Legal Topics
Contribution Claims, Contractual Indemnity, Summary Judgment, Strike Out Applications, Amendment of Pleadings, Employer's Liability, Causation, Apportionment of Liability
Contract Law Tort Law Civil Procedure Contribution Claims Contractual Indemnity Summary Judgment Strike Out Applications Amendment of Pleadings +3 more

Case Brief

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Parties

James Alan Gambrill

Claimant

NG Bailey Facilities Services Ltd

Defendant

Beauchamp & Bird Limited

Third Party

Procedural Posture

Civil / Interlocutory Applications (strike Out, Summary Judgment, Amendment) Prior to Trial

Legal Issues

  1. 1 Whether B&B is liable to NGB for contribution under the Civil Liability (Contribution) Act 1978
  2. 2 Whether B&B is liable to indemnify NGB under the contractual indemnity in the Trade Framework Agreement
  3. 3 Whether NGB should be permitted to amend its pleadings to introduce a new breach of contract claim against B&B

Ratio Decidendi

B&B was entitled to summary judgment on the contribution and indemnity claims because it did not employ the claimant and the contractual indemnity did not extend to NGB's own negligence; the proposed amendment to plead a breach of contract claim was refused as late, prejudicial, and lacking real prospects of success, as NGB's own negligence broke the chain of causation.

Court Disposition

Summary judgment granted to B&B on contribution and indemnity claims; permission to amend refused; NGB's amendment application dismissed.

Orders

  • Summary judgment for B&B on the contribution claim under the 1978 Act
  • Summary judgment for B&B on the contractual indemnity claim