CALEDONIA NORTH SEA LIMITED v BRITISH TELECOMMUNICATIONS PLC AND OTHERS

[2002] BLR 139

HOUSE OF LORDS

Lord Bingham of Cornhill, Lord Mackay of Clashfern Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Scott of Foscote

Contract - Construction - Liability for death or injury - Whether implied term excluding liability where contractor not liable at common law or for breach of statutory duty in respect of the death or injury in question. Indemnity - Insurance - Operator’s indemnity insurer paying sums in settlement - Whether entitled to bring subrogated claim - Whether contractual indemnity primary or secondary liability. Damages - Losses settled at level in excess of those Scottish court would have awarded - Indirect or consequential loss - Whether higher level of damages recoverable - Whether excluded as indirect or consequential.