Co-operative Retail Services Ltd v Taylor Young Partnership
Co-operative Retail Services Ltd v Taylor Young Partnership
- 2000
- Construction Law Journal [2000] 16 Const.L.J 5, 347-366(20) .
CA 4 July 2000. Appeal by TYP and Hoare Lea and Partners, architects and engineers of an office building extensively damaged by fire during commissioning, against a TCC ruling that the they were not entitled to a contribution from Wimpey and Hall, under the Civil Liability (Contribution) Act 1978, for losses claimed by CRS as W and H were not liable to CRS. The CA upheld the judgment, ruling that W and H had no liability to CRS due to the co-insurance provisions of the contract and that they were not 'persons liable in respect of the same damage' under s1 of the 1978 Act. Appeal dismissed.
CIVIL LIABILITY (CONTRIBUTION) ACT 1978 S1(1)
CO-INSURANCE
CO-OPERATIVE RETAIL SERVICES V TAYLOR YOUNG PARTNERSHIP
CONTRIBUTION CLAIMS
INSURANCE PROVISIONS
JCT STANDARD FORM OF BUILDING CONTRACT (1980 EDITION)
JOINT NAMES INSURANCE
LIABILITY
CA 4 July 2000. Appeal by TYP and Hoare Lea and Partners, architects and engineers of an office building extensively damaged by fire during commissioning, against a TCC ruling that the they were not entitled to a contribution from Wimpey and Hall, under the Civil Liability (Contribution) Act 1978, for losses claimed by CRS as W and H were not liable to CRS. The CA upheld the judgment, ruling that W and H had no liability to CRS due to the co-insurance provisions of the contract and that they were not 'persons liable in respect of the same damage' under s1 of the 1978 Act. Appeal dismissed.
CIVIL LIABILITY (CONTRIBUTION) ACT 1978 S1(1)
CO-INSURANCE
CO-OPERATIVE RETAIL SERVICES V TAYLOR YOUNG PARTNERSHIP
CONTRIBUTION CLAIMS
INSURANCE PROVISIONS
JCT STANDARD FORM OF BUILDING CONTRACT (1980 EDITION)
JOINT NAMES INSURANCE
LIABILITY