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Co-operative Retail Services Ltd and Others v Taylor Young Partnership and others

Series: Building Law Reports ; [2002] 6 BLR 272-287(16)Publication details: 2002Subject(s): Online resources: Summary: HL 25 April 2002. The appellants (TYP) sought to overturn earlier rulings that their claim for contribution against the defendants was precluded by the existence of an insurance policy in the joint names of the employer (CRS) and the contractor and by contractual provisions. "Held", appeal dismissed, as under the main contract clause Wimpey was not liable to pay compensation for loss and damage caused before practical completion, as any liability for failure to reinstate after the fire was separate and distinct from the liability for causing the fire. The Civil Liability (Contribution) Act 1976 s1(1) suggests liability is to be considered when contribution is being sought. The true basis of liability is to be found in determining the contract and not in the rules about circuitry of action as between co-insured. Full copy of judgment available on House of Lords website http://www.publications.parliament.uk/pa/ld200102/ldjudgmt/jd020425/co-op-1.htm
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Law report London Journal article ABS65789 (Browse shelf(Opens below)) 1 Available 119562-1001

HL 25 April 2002. The appellants (TYP) sought to overturn earlier rulings that their claim for contribution against the defendants was precluded by the existence of an insurance policy in the joint names of the employer (CRS) and the contractor and by contractual provisions. "Held", appeal dismissed, as under the main contract clause Wimpey was not liable to pay compensation for loss and damage caused before practical completion, as any liability for failure to reinstate after the fire was separate and distinct from the liability for causing the fire. The Civil Liability (Contribution) Act 1976 s1(1) suggests liability is to be considered when contribution is being sought. The true basis of liability is to be found in determining the contract and not in the rules about circuitry of action as between co-insured. Full copy of judgment available on House of Lords website http://www.publications.parliament.uk/pa/ld200102/ldjudgmt/jd020425/co-op-1.htm