(Re)Insurance Weekly Update 09-14

Co-operative Group v Birse & Ors

Limitation period where main contractor claims against sub-contractor for loss in the event that it is held liable to the employer

http://www.bailii.org/ew/cases/EWHC/TCC/2014/530.html

Clyde & Co (Neil Jamieson, Chris Georgiou and Siobain Creaney) for defendant

The defendant in this action was the main contractor employed by the claimant. The defendant sought to bring actions against its sub-contractors, alleging that breaches by the sub-contractors had placed it in breach of its own obligations to the claimant. The defendant claimed that it will suffer a loss (and time will start running in relation to this claim) only if and when it is held liable to the claimant (and its loss is ascertained) at a future trial.