000 01715cam a2200229 4500
001 ABS65789
008 000000n2002 000 0 eng u
035 _a(Sirsi) u119562
245 _aCo-operative Retail Services Ltd and Others v Taylor Young Partnership and others
260 _c2002
490 _aBuilding Law Reports
_v[2002] 6 BLR 272-287(16)
520 _aHL 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
590 _aABS
650 _aCO-OPERATIVE RETAIL SERVICES LTD V TAYLOR YOUNG PARTNERSHIP
650 _aFIRE DAMAGE
650 _aJCT STANDARD FORM
650 _aINSURANCE POLICIES
650 _aCONTRIBUTION CLAIMS
690 _aBUILDING AND CONSTRUCTION-CASE LAW
856 _uhttps://www.publications.parliament.uk/pa/ld200102/ldjudgmt/jd020425/co-op-1.htm
942 _n0
999 _c71085
_d71085