This case is of interest to those faced with potential litigation.
J Jarvis & Sons Plc subcontracted the installation of pipework for
a petrol station to W Lamb Ltd. J Jarvis & Sons remained
responsible for the concrete supporting and surrounding of the
pipework. The pipework developed leaks and had to be replaced. The
parties agreed that the pipework would be replaced, yet reserved
themselves as to cost as each sought to make the other liable for
the full cost. This case addressed liability only, the only issue
being whether the failure of the pipework was due to the faulty
work of the W Lamb Ltd or omissions on the part of J Jarvis & Sons
Plc. The court held that there was no rule of law which prevented
both parties to the action being found equally at fault for the
resulting negligence. The court therefore found that the failure of
the pipework was caused equally by the defaults of both W Lamb Ltd
and J Jarvis & Sons Plc.