Negligence Limited Where Contractual Requirements Met

When a shipyard worker was injured in an accident, he received a £7 million settlement from his employer.



The ultimate cause of the accident was a defect in the design of equipment (a platform) that he was using, which had recently been installed at the shipyard. The owner of the shipyard sought to claim against the businesses that had designed, built and installed the platform, arguing that it was defective and not fit for purpose.



The designers and structural engineers settled the claims against them for £3.8 million. That left claims against the draughtsman, steel erector and steel fabricator to proceed. In each case, they had carried out the work required of them. However, the shipyard owner argued that since they were all aware of the use to which the platform was to be put, each should have realised that additional work would need to be done in excess of that which they were contractually obliged to do, and that they should have brought this to the attention of the shipyard owner.



The court concluded that, on the facts of the case, each had done what they were contracted to do to enable the design to be brought into effect. They were not therefore liable to the shipyard owner.