HAMBLE FISHERIES LTD. v. L. GARDNER & SONS LTD. (THE “REBECCA ELAINE”)

[1999] 2 Lloyd's Rep. 1

COURT OF APPEAL

Before Lord Justice Nourse, Lord Justice Mummery and Lord Justice Tuckey

Negligence - Breach - Duty of care to warn - Plaintiffs’ fishing vessel fitted with Gardner engine - Manufacturers of engine stated pistons would run for 20,000 hours - Manufacturers sold business to defendants - Defendants on notice that pistons defective - Pistons in fishing vessel engine failed prematurely causing plaintiffs economic loss - Whether special relationship of proximity imposed on defendants duty of care to safeguard plaintiffs from economic loss - Whether defendants assumed responsibility to warn plaintiffs of defective pistons.