QBD 6 February 2001. The claimant (A) employed the defendant (C) to replace a water main under a contract by clause 22 of which C agreed to indemnify A against claims resulting from the works. When C's subcontractor drilled through existing electricity, gas and water mains and water entered the gas network A brought an action against C, under clause 22 of the conditions and pursuant to the Civil Liability (Contribution) Act 1978, for the compensation it paid to various third parties. C's claim of contributory negligence was dismissed and A allowed to recover the sums paid for damage to property and in settlement of a claim brought by Transco and the costs of that action. It was held, however, that A could not recover the sums paid to the third parties whose property was not damaged, emergency services and local authority as they were made voluntarily, liability not having been established