New rules for the blame game
Tolson, S.
New rules for the blame game - 2004 - Building 269(8318) 6 February 2004, 58-59(2) .
Discusses the consequences of"Sahib Foods Ltd and another v Paskin Kyriakides Sands" ([2003] EWCA Civ 1832, ABS 67366). Here the CA partially overruled an original judgment which meant that an architect and its insurers took the full blame for a £17m loss caused by a fire in a food factory. This was started by the negligence of a factory employee but had spread because of the use of composite insulated panels. The architect had taken the whole blame because of the use of the panels which were specified as the architect was only told that the room would be used for steam cooking. The CA ruled that Sahib Foods was found to be contributory negligent for two-thirds of the total loss and had to repay the architects insurers £12m. Concludes that firms should not try and pass the blame unto another party if a loss is suffered and that fault is a commonsense test and should not lead to blanket condemnation of designers.
SAHIB FOODS LTD AND ANOTHER V PASKIN KYRIAKIDES SAND
FIRE DAMAGE
ARCHITECTS' DUTIES
CONTRIBUTORY NEGLIGENCE
Insurance
New rules for the blame game - 2004 - Building 269(8318) 6 February 2004, 58-59(2) .
Discusses the consequences of"Sahib Foods Ltd and another v Paskin Kyriakides Sands" ([2003] EWCA Civ 1832, ABS 67366). Here the CA partially overruled an original judgment which meant that an architect and its insurers took the full blame for a £17m loss caused by a fire in a food factory. This was started by the negligence of a factory employee but had spread because of the use of composite insulated panels. The architect had taken the whole blame because of the use of the panels which were specified as the architect was only told that the room would be used for steam cooking. The CA ruled that Sahib Foods was found to be contributory negligent for two-thirds of the total loss and had to repay the architects insurers £12m. Concludes that firms should not try and pass the blame unto another party if a loss is suffered and that fault is a commonsense test and should not lead to blanket condemnation of designers.
SAHIB FOODS LTD AND ANOTHER V PASKIN KYRIAKIDES SAND
FIRE DAMAGE
ARCHITECTS' DUTIES
CONTRIBUTORY NEGLIGENCE
Insurance