Bloomberg LP v Sandberg & Malling Pre-Cast Limited  EWHC 2858 (TCC)
A party may not be able to rely upon a contractual limitation clause to defeat contribution claims.
In his maiden judgment in the TCC, Mr Justice Fraser held that the contractual limitation clause in a warranty entered into between Bloomberg and Malling, which stated “No proceedings may be brought”, was intended only to bar Bloomberg’s remedy and not to extinguish Bloomberg’s rights. This meant that, although Malling was protected against any proceedings by Bloomberg, Malling was not protected against statutory contribution claims by third parties. It was open to other parties sued by Bloomberg to join Malling as a third party and claim a contribution from it under the Civil Liability (Contribution) Act 1978.
Andrew Bartlett QC of Crown Office Chambers was instructed by CMS Cameron McKenna LLP and appeared for Malling Pre-Cast Limited.