Adam Robb QC and Rebecca Drake, acting on behalf of landlord and property developer A2 Dominion, successfully defeated an appeal brought by its sub-contractor Ground Construction Limited. The case concerned an indemnity given by A2 Dominion’s contractor, Durkan, and a further indemnity given by Durkan’s sub-contractor, Ground Construction Limited, in relation to defective building works to a warehouse housing what was allegedly the world’s largest private collection of Russian art and antique rugs. GCL sought to overturn the decision at first instance that it was liable to Durkan, and Durkan in turn sought to overturn the decision at first instance that it was liable to A2 Dominion for damage caused as a result of the defective building works. On appeal Mrs Justice Farbey held that the scope of those indemnities included the liability incurred by GCL to Durkan, and in turn by Durkan to A2 Dominion. The Court also revisited the law of novus actus interveniens, holding that there had been no novus actus on the part of A2 Dominion or Durkan obviating GCL’s negligence
Adam Robb QC and Rebecca Drake were instructed by Nicholas Bathurst, Partner at Clyde & Co LLP.
To view full judgment, please click here.