000 01747cab a2200229 4500
001 ABS67366
008 040107n2003 000 0 eng u
035 _a(Sirsi) u124741
245 _aSahib Foods Ltd (in liquidation) v Paskin Kyriakides Sands (a firm)
260 _c2003
490 _aConstruction Industry Law Letter
_v[2003] CILL 2074-2077(4)
520 _a[2003] EWCA Civ 1832, 19 December 2003. Appeal by appellant firm of architects PKS against HC decision ([2003] EWHC 142 (TCC), X121971) concerning PKS's liability for a fire which destroyed most of a food factory belonging to claimant (S). PKS argued that the judge was wrong to hold that they were negligent or in breach of contract or duty for failing to exercise reasonable care and skill in order to prevent the spread of fire. Alternatively, PKS argued that if in principle, they were liable, the judge was wrong to ignore S's admitted fault for starting the fire and for S's part in the spread of the fire which should have been reflected in an apportionment of damage under the Law Reform (Contributory Negligence) Act 1945 s1. "Held": appeal allowed in part. PKS's liability for fire upheld but S was held to be guilty of contributory negligence. Therefore, the damages recoverable by S from P were reduced by two-thirds. View decision at www.bailii.org.
590 _aABS
650 _aSAHIB FOODS LTD AND ANOTHER V PASKIN KYRIAKIDES SANDS
650 _aCONTRIBUTORY NEGLIGENCE
650 _aAPPORTIONMENT
650 _aLIABILITY
650 _aDUTY OF CARE
690 _aPROFESSIONAL PRACTICE-NEGLIGENCE-CASE LAW
856 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2003/1832.html
_zView judgment on the BAILII website...
942 _n0
999 _c74032
_d74032