The House of Lords has refused to allow Hewden Tower Cranes Ltd permission to appeal a Technology and Construction Court preliminary ruling relating to the climbing operation of cranes.
In November 2002, Judge Seymour QC held that the collapse of a crane hired by Yarm Road Ltd during construction work on the new HSBC headquarters at Canary Wharf occurred while it was being erected under the exclusive control of Hewden.
The Court of Appeal agreed, finding that the operation of increasing the crane’s height by “climbing” fell within the meaning of “erection”. Pill LJ stated that the erection of the crane could not be said to have been completed because 27m of plant were still to be added.
The law lords have now refused permission to appeal. No reasons have been given for their decision.
Yarm Road Ltd and another v Hewden Tower Cranes Ltd House of Lords
References: EGi Legal News 26/1/04
