Image from Google Jackets

Jeremy Casson and Ashley Jane Casson v Ostley PJ Ltd and Richard Emmerson

Series: Building Law Reports ; [2001] 3 BLR 126-133(8)Publication details: 2001Subject(s): Summary: HC 5 September 2000. The claimants (C) contracted with the first defendant (O) to renovated a property including the plumbing the work for which was subcontracted to Kingswood Building Services Ltd (K), who in turn subcontracted that work to the second defendant (R). After a fire, for which C was under-insured, they commenced proceedings against the defendants, and Part 20 proceedings were brought against K and others. O denied liability for C's loss as a clause of its standard terms and conditions excluded any such liability, including where damage was a result of its, or its subcontractors negligence, and claimed that it was entitled to value of the work executed and material delivered before the fire. C contended that this was not the case on proper construction of the case, whilst its legitimacy under the Unfair Contract Terms Act 1977 was also questioned. "Held": the proper construction of the clause was that the whole risk of fire was to be borne by C and that, consequently, they had an obligation to insure; the insurance was for the benefit of both parties; the clause was reasonable in regard to the provisions of the Act.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS63797 (Browse shelf(Opens below)) 1 Available 112395-1001

HC 5 September 2000. The claimants (C) contracted with the first defendant (O) to renovated a property including the plumbing the work for which was subcontracted to Kingswood Building Services Ltd (K), who in turn subcontracted that work to the second defendant (R). After a fire, for which C was under-insured, they commenced proceedings against the defendants, and Part 20 proceedings were brought against K and others. O denied liability for C's loss as a clause of its standard terms and conditions excluded any such liability, including where damage was a result of its, or its subcontractors negligence, and claimed that it was entitled to value of the work executed and material delivered before the fire. C contended that this was not the case on proper construction of the case, whilst its legitimacy under the Unfair Contract Terms Act 1977 was also questioned. "Held": the proper construction of the clause was that the whole risk of fire was to be borne by C and that, consequently, they had an obligation to insure; the insurance was for the benefit of both parties; the clause was reasonable in regard to the provisions of the Act.