Cases - Six Continents Retail Ltd v Carford Catering Ltd

Record details

Name

Six Continents Retail Ltd v Carford Catering Ltd

Date

[2003]

Citation

EWCA Civ 1790

Keywords

Contract administration

Summary

The respondents (and defendants in the action at first instance) were engaged by the appellants as project managers for the design and installation of kitchen equipment. During the installation process, and contrary to manufacturer's instructions, a rotisserie was mounted on a combustible timber stud wall faced with plywood and tiles.

Following practical completion, problems occurred with the rotisserie as it failed to generate sufficient distribution of heat. Modification work was undertaken, during the course of which some of the tiles became detached from the wall, leaving the rotisserie fixed to the combustible wall beneath without any, or any sufficient, heat shield.

The appellants contended that the respondents owed, and breached, a continuing duty of care to ensure that the rotisserie was installed safely. The respondents denied liability on the basis that they had provided the appellants with a letter over six weeks previously, recommending the installation of a stainless steel plate behind the rotisserie, and that the appellants' failure to act upon such advice broke the chain of causation.

The Court of Appeal held that the respondents were indeed liable, ruling that the respondents' letter was not sufficient so as to constitute a 'warning' and, in any event, even if it was, it operated merely to warn the appellants of an outcome which the respondents themselves should have prevented happening in the first place. Furthermore, the Court of Appeal refused to make any finding of contributory negligence.