Citation: (Declaration, judgment 8 October 2012)  EWHC 2644 (TCC);  BLR 585; (2012) 145 Con LR 17;  CILL 3241;  All ER (D) 74; (Oct) NLJ 19;  NLJR 1323
Nature of case:
Following the suspension of Somi’s mechanical and piping erection work at a power plant in south Wales under its subcontract with Alstom, Alstom sought a declaration that it had property ownership of the appliances and equipment Somi had brought to the site for the completion of its work.
Akenhead J held that Alstom had contractual rights over the goods, materials and sub-contractor’s equipment, and that as Somi’s work had been validly terminated, it had possessory rights over the equipment until the work could be said to have been completed. As such work had not been completed, Akenhead J held that a declaration should be made to the effect that Alstom had possessory rights over the equipment. However, while this was the case, he held that ultimate ownership of the equipment did not in property terms permanently transfer to Alstom.
Link to Judgment
Justin Mort QC