Birse Construction Ltd v Haiste Ltd, Watson and Others (Third Parties)
Birse Construction Ltd v Haiste Ltd, Watson and Others (Third Parties)
- 1995
- Weekly Law Reports (1995) 1 WLR 675-683 (9) .
CA 5 December 1995. A water authority (A) contracted with B for the design and construction of a reservoir. B retained H as a consulting engineer and a third party (X) was employed by A to issue all necessary certificates. Resrvoir was found to be defective and B agreed to construct a new one at its own expense. B then sued H who in turn claimed contribution from X. X appealed. "Held" that `the same damage` referred to in the Civil Liability (Contribution) Act 1978 s1 was the damage suffered by the person to whom the party seeking contribution was liable. Accordingly, H had no right to contribution from X. Appeal allowed.
BIRSE CONSTRUCTION LTD V HAISTE LTD AND OTHERS
CIVIL LIABILITY (CONTRIBUTION) ACT 1978 S1
DESIGN AND BUILD CONTRACT
LIABILITY
RESERVOIRS
SAME DAMAGE
CA 5 December 1995. A water authority (A) contracted with B for the design and construction of a reservoir. B retained H as a consulting engineer and a third party (X) was employed by A to issue all necessary certificates. Resrvoir was found to be defective and B agreed to construct a new one at its own expense. B then sued H who in turn claimed contribution from X. X appealed. "Held" that `the same damage` referred to in the Civil Liability (Contribution) Act 1978 s1 was the damage suffered by the person to whom the party seeking contribution was liable. Accordingly, H had no right to contribution from X. Appeal allowed.
BIRSE CONSTRUCTION LTD V HAISTE LTD AND OTHERS
CIVIL LIABILITY (CONTRIBUTION) ACT 1978 S1
DESIGN AND BUILD CONTRACT
LIABILITY
RESERVOIRS
SAME DAMAGE