Citation: EWHC 1379 (TCC) (professional negligence in the context of soil stabilisation works and claims for contribution and the relevant percentage for contributory negligence)
Nature of case: Carillion was the main contractor engaged on the development of train servicing depot. This project involved substantial excavations, which left exposed clay slopes. During and following completion of the works, those slopes became unstable, necessitating remedial works. Carillion brought a claim against Phi, the subcontractor charged with rendering the slopes stable, and RWC, the lead consultants for the overall works. Carillion sought the costs of the remedial works, and the cost of compensating Chiltern railways, whose services would be disrupted while the remedial works took place. Phi’s liability was agreed, and a settlement reached. The issues in the case were RWC’s liability and apportionment between Phi and RWC. Akenhead J ruled that RWC were in breach of their contractual duty of care, in failing adequately to supervise Phi’s work, and found in favour of Carillion. Liability was apportioned between RWC and Phi 40:60.
