RUGBY FOOTBALL UNION V CLARK SMITH PARTNERSHIP LTD AND ANOTHER

[2022] EWHC 956 (TCC), Queen’s Bench Division, Technology and Construction Court, Mr Justice Eyre, 29 April 2022

Insurance (construction) – Subrogation – Agreement between employer and contractor for joint names insurance – Subrogation action against contractor – Whether contractor immune from proceedings – Effect of agreement – Subrogation waiver clause

In anticipation of the 2015 Rugby World Cup, in 2012, the RFU decided to undertake substantial demolition, reconstruction and refurbishment of Twickenham stadium. In 2012 the RFU engaged a number of contractors to carry out the necessary works. A part of the works consisted of the installation of high voltage power cables in buried ductwork. The RFU appointed Clark Smith to design the ductwork and Conway install it. The RFU contended that there were defects in the ductwork, so that when the cables were pulled through, they were damaged. The RFU was indemnified by its insurers, RSA, for the cost of replacing the cables and rectifying the ductwork. The question in the present case was whether Conway was immune from subrogation proceedings.