Negligence: W Lamb Ltd v J Jarvis & Sons Plc (21 July 1998) High Court, Queen's Bench Division

United Kingdom
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.