Anglian Water Services Ltd has won an overall victory in its High Court claim against contractor Crawshaw Robbins & Co Ltd. Anglian sought to recoup almost £1m compensation paid to residents of Corby after Crawshaw Robbins ruptured a gas main in the town.
However, the extent to which the compensation paid by Anglian Water will be recovered remains to be seen.
The judge held that Crawshaw Robbins was liable under several heads of damage. These included Anglian’s costs in repairing the damaged water main, compensation paid to gas company Transco for the damage to its pipes and installations, and compensation or repair fees paid out to customers who had suffered water damage to meters, appliances or other property.
But the judge held that Anglian was not entitled to reimbursement in respect of customers extra expense or loss of profits caused by the absence of a gas supply. He considered those to be “pure economic loss” which was not recoverable.
He also ruled that Crawshaw Robbins was not liable to pay the costs incurred by Corby Borough Council and Northamptonshire County Council in providing emergency services.
The exact level of damages to be paid by the contractor to Anglian Water remains to be calculated.
Anglian Water Services Ltd v Crawshaw Robbins & Co Ltd Queens Bench Division (Stanley Burnton J) 6 February 2001.
Rory Phillips and Sonia Tolaney (instructed by Herbert Smith) appeared for the claimant; Timothy Lamb QC and Daniel Crowley (instructed by Williams Davies Meltzer) appeared for the defendant.
PLS News 7/2/01
