Crowley (t/a Crowley Civil Engineers) v Rushmoor Borough Council

Citation: EWHC 2237 (TCC); [2010] All E.R. (D) 208 (Jan)

Nature of case:
Crowley had been engaged by Rushmoor BC to complete works on a public space which had formerly been the site of a terraced house.  In removing certain fixtures from the public space, and thereby removing support from an adjacent house, these works caused the house in question to partially collapse.  The owner of the house brought a claim against both Crowley and Rushmoor, which Crowley settled.  Crowley then brought a claim for a contribution to that settlement against Rushmoor, which was the subject of the instant ruling.  At issue was Rushmoor’s liability, under both the Party Wall Act 1996 and the Civil Liability (Contribution) Act 1978.

HHJ Thornton QC ruled that the Party Wall Act 1996 could found a basis for apportionment, but in any event the apportionment would in this case be identical under the Civil Liability (Contribution) Act 1978.  On the facts, Rushmoor BC was held liable for 80% of the settlement.

Counsel

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