CO-OPERATIVE RETAIL SERVICES LTD v TAYLOR YOUNG PARTNERSHIP LTD AND ORS

[2001] Lloyd's Rep IR 122

COURT OF APPEAL

Before Lord Justice Peter Gibson, Lord Justice Brooke and Lord Justice Robert Walker

Insurance (construction) - Subrogation - Policy covering interests of employer, head contractor and sub-contractors - Premises damaged by fire - Claim by employer against architect and engineers - Whether architect and engineers could seek contribution from head contractor and sub-contractor under Civil Liability (Contribution) Act 1978, section 1(1) - Whether policy prevented claim against head contractor and sub-contractor - Whether contractual arrangements prevented claim by employer against head contractor and sub-contractor - Civil Liability (Contribution) Act 1978, section 1(3) - Whether contributory negligence of co-assured affected subrogation claim - Law Reform (Contributory Negligence) Act 1945.