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Co-operative Retail Services Ltd v Taylor Young Partnership

Series: Construction Law Journal ; [2000] 16 Const.L.J 5, 347-366(20)Publication details: 2000Subject(s): Summary: CA 4 July 2000. Appeal by TYP and Hoare Lea and Partners, architects and engineers of an office building extensively damaged by fire during commissioning, against a TCC ruling that the they were not entitled to a contribution from Wimpey and Hall, under the Civil Liability (Contribution) Act 1978, for losses claimed by CRS as W and H were not liable to CRS. The CA upheld the judgment, ruling that W and H had no liability to CRS due to the co-insurance provisions of the contract and that they were not 'persons liable in respect of the same damage' under s1 of the 1978 Act. Appeal dismissed.

CA 4 July 2000. Appeal by TYP and Hoare Lea and Partners, architects and engineers of an office building extensively damaged by fire during commissioning, against a TCC ruling that the they were not entitled to a contribution from Wimpey and Hall, under the Civil Liability (Contribution) Act 1978, for losses claimed by CRS as W and H were not liable to CRS. The CA upheld the judgment, ruling that W and H had no liability to CRS due to the co-insurance provisions of the contract and that they were not 'persons liable in respect of the same damage' under s1 of the 1978 Act. Appeal dismissed.