Cleightonhills v Bembridge Marine [2012] EWHC 3449 (TCC)
Richard Lynagh KC and James Medd successfully defended a claim for £3.5m by an employer against a steel erector who erected a platform from which a man later fell and suffered very serious injuries.
The judgment of Akenhead J in Cleightonhills v Bembridge Marine [2012] EWHC 3449 (TCC) considers the circumstances in which a contractor is under an obligation to warn about deficiencies in design, his fitness for purpose obligations in tort, and whether he is entitled to delegate his responsibilities to others further down the contractual chain. The Judgment also provides an interesting analysis of how to carry out the exercise of apportionment under the Civil Liability Contribution Act 1978 where several Defendants are sued and some have already paid substantial sums by way of settlement to the party claiming contribution.
