John Meredith-Hardy

Property Damage

John receives instructions in property damage claims and related recovery actions following damage by flood, fire, explosion, storm and theft. Underlying causes of action include breach of contract, negligence, nuisance and Rylands v Fletcher.

Instructions include those relating to product liability and the Electrical Equipment (Safety) Regulations 1994, Sale of Goods Act 1979, Supply of Goods and Services Act 1982, Unfair Contract Terms Act 1977, Consumer Protection Act 1987 and Consumer Rights Act 2015.

John provides seminars on property damage, subrogated recovery and product liability claims.

Examples of cases undertaken:

Bowmer & Kirkland v SPI – acting for the insurers of a product manufacturer in defence of a subrogated claim following an explosion at a building site allegedly caused by defective products; claim discontinued after service of the insured’s defence

Knowlton v (1) UK Insurance (2) BANE – acting for the insurers of a country house where subsidence in consecutive years caused significant damage to the neighbouring highway resulting in litigation between the insurer, the insured and the highway authority

TRW Pension Trust & others v Indesit & others – acting for the insurers of a component manufacturer in defence of subrogated claims following a fire allegedly caused by a dishwasher located at commercial premises causing widespread damage to commercial buildings, computer servers and contents

Gage v Barnard – acting for insurers in a subrogated claim following the spread of fire between domestic premises following negligent work being undertaken by roofing sub-contractors

London Borough of Redbridge v Theori Investments Ltd – acting for the defendant in a recovery claim; claim discontinued following service of the defence & application to strike out

Thorpe v Cruze & Gallantree – acting for insurers in defence of a subrogated claim following the destruction of neighbouring thatched premises by fire where liability and causation were in issue.

Property damage instructions have included:-

• acting for the insurers of commercial property following a fire caused by a re-charging battery used for plant operated at the premises
• acting for the insurers of contractors in a recovery claim following a flood at a newly built college and in relation to the liability of sub-contractors, JCT Design & Build Contract 2011 terms, Third Parties (Rights against Insurers) Act 2010 and Civil Liability (Contribution) Act 1978
• acting for the insurers of domestic property in relation to a recovery claim against builders who had caused a fire whilst undertaking hot works at the premises
• advising the insurers of commercial premises following the catastrophic spread of fire from neighbouring commercial premises after a burglary and intentional or accidental fire setting by trespassers causing high value property damage
• acting for a manufacturer of decorative radiators and its insurer in a claim for water damage following an alleged defective manufacture of goods
• acting for a maintenance company of commercial oil pumping equipment and its insurer in a claim for damage caused by escaping oil following an alleged defective provision of services
• acting for an electrician and insurer in a claim for property damage by fire to premises in Scotland following alleged negligent work and in circumstances where co-insurance and JCT Option C applied
• acting for electrical sub-contractors and its insurers in defence of a subrogated claim following a fire causing damage to high value residential property that was allegedly caused by negligence
• advising an insurer on the recovery of its outlay following flooding to the highway and the escape of water into third party premises causing insured loss
• acting for road traffic insurers in defence of a recovery claim by public liability insurers following an accident at work caused by plant connected to a work vehicle
• acting and advising road traffic insurers in a claim for the recovery of damages for loss of use of a commercial vehicle following an insured’s road traffic accident
• advising insurers on policy coverage following the sale of car, Road Traffic Act 1988 s.151 & 152 and the effect of Fidelidade-Companhia de Seguros SA v Caisse Suisse de Compensation (C-287/16) [2017] RTR 26
• advising road traffic insurers on RTA 1988, s.151(8) recoveries against the uninsured negligent driver and the insured passenger who permitted the driver to drive the vehicle
• advising road traffic insurers in a claim by Highways England Company Limited for the recovery of damages for property damage to motorway infrastructure following an insured’s road traffic accident