This is the fourth in a series of podcasts coming this year, all recorded to celebrate 150 years of the Technology and Construction Court (TCC). In each episode, Keating barristers will choose one leading case from the TCC and review its significance.
In this special episode Sam Townend KC chairs a discussion between counsel who acted in the first reported case on ten year new-build home insurance policies, Marchant v Caswell [1976] 2 EGLR 23, Lord Grabiner KC (One Essex Court), Professor John Uff KC, and Dr Christopher Thomas KC. The participants explain the key facts and summarise the principles derived from the case as well as discussing practice in the 1970s and the development of the TCC in the last 50 years.
Please see below the time stamps of this episode:
0:00 – Introduction
3.59 – Case summary
9.43 – Introduction of speakers
18.35 – First Issue- whether the ten year new-build home warranty is a covenant running with the land?
26.03 – Second Issue- whether liability under the Policy is triggered by notice of minor damage?
32.43 – Third Issue- whether actual or constructive notice is sufficient to trigger liability, notwithstanding an express requirement for notice in writing?
40.06 – Fourth Issue- enforceability of the arbitration agreement in a consumer insurance policy
43.02 – Consequentials
45.05- Practice in the 1970s and the development of the TCC
