Iftikar Khan
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A warning
The claimant, Hart Investments, sought to hold the first defendant, Fidler, responsible for the collapse of part a building that Hart owned. Fidler was a structural engineer and denied responsibility for the collapse. He was employed by both the claimant and the second defendant, building contractor Larchpark.
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Propping Up
The claimant, Hart Investments, sought to hold the first defendant, Fidler, responsible for the collapse of part a building that Hart owned. Fidler was a structural engineer and denied responsibility for the collapse. He was employed by both the claimant and the second defendant, building contractor Larchpark.
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Shining a light
In the original reserved judgment the judge found that the defendants were liable to the claimants for infringing a right to light to two windows which illuminated some stairs leading to the basement of the claimant’s building. However, the judge declined to grant an injunction and left the question of ...
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Uncertain terms
This was an appeal against a decision on a preliminary issue relating to the interpretation of a contract between Somerfield and Skanska.
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Adding interest to injury
The claimants sought damages from the defendant on the ground that they had sustained vibration white finger in the course of their employment with the defendant. The defendant had received more than 170,000 claims, of which 50,000 remained outstanding.
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Pay your debts
The defendant purchased three terraced properties with her husband.The properties were affected by asbestos contamination. With the assistance of a grant from Leeds City Council the defendant intended to refurbish the properties, keeping two and selling off the third property. The defendant entered into a contract with the claimant for ...
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A leaky roof
TFW Printers Ltd (“TFW”) engaged Interserve Project Services Ltd to carry out certain building works. The building contract was the JCT Agreement for Minor Works. The works included the replacement of a pressed steel valley gutter to part of one of the roofs of the building.
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Unclear intentions
The claimant had retained the defendant as architect in connection with certain construction works that the claimant wished to be carried out at his property. Before the works were completed certain disputes arose between the two parties. The claimant instructed solicitors who wrote a letter of claim to the defendant ...
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One agreement or two?
This was an appeal against a master’s order for summary judgment in favour of Wolsey Securities Ltd. Wolsey brought an action against Abbeygate Management Services (Hampton) Ltd as guarantors of Abbeygate Securities Ltd under a joint venture agreement made between the three parties.
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Walking the plank
This was an appeal by the Grafton Group trading as Plumbase, the Part 20 defendant, against an order finding that Plumbase was negligent in respect of an accident at work sustained by the claimant Andrew Smith, a delivery-man employed by Plumbase. Smith had injured himself when a plank gave way ...
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The contamination trail
This case concerned contamination of land that had been the site of a gas works operated by National Grid. National Grid was known previously under many guises. In particular: Transco plc; British Gas plc: British Gas Corporation; and East Midlands Gas Board. The land had been sold and developed for ...
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In deep waters
The claimant's house was subject to flooding from the river Torridge in Devon. He argued that the flooding was caused by the Taddiport bridge, since the arches and plinths of the bridge restricted the flow of water under it. The claimant claimed that such restriction was a statutory nuisance.
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Roofless
Gowlain Bulding Group Ltd entered into a contract to do some building works at a school. Part of the work included re-roofing a boiler house, which Gowlain intended to subcontract to Full Metal Jacket Ltd. Accordingly, Gowlain supplied FMJ with a simple drawing of the roof and requested FMJ ...
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Tripped up
This was an application against an order made in the County Court dismissing the claimant's claim and directing that judgment be entered for the defendants.
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On less than solid ground
This was an appeal against a Technology and Construction Court decision that Ove Arup was in breach of a design agreement by failing to design certain foundations with due care and skill and by failing to verify certain design assumption upon which the design was based.
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Silence is not golden
The appellant provided architectural services to the respondents with regards to four projects. The respondents failed to pay the appellant for his services and he brought a claim for payment of his fees. The judge at first instance found that an agreement for fees to be paid was implied (an ...
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Trespassers may be injured
The appellant was a police officer who was investigating a suspected stolen trailer that had been parked in the service yard of a supermarket in the centre of Glastonbury. He entered the respondent’s property which adjoined the service area, in order, eventually, to take up a position overlooking the service ...
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A pricing problem
The defendant desired to sell his property, No.1 Horbury Mews and engaged the claimant (an estate agent) to assist him. On the advice of the claimant the defendant agreed, on the 29 June 2001, to market his property at £1.5m. An offer from a third party was received and accepted. ...