ARCHITECTS, NEGLIGENCE AND THE APPORTIONMENT OF LOSS

Sahib Foods Ltd v Paskin Kyriakides Sands [2003] EWCA Civ 1832 (16 December 2003)

The Court of Appeal in Sahib Foods Ltd v Paskin Kyriakides Sands [2003] EWCA Civ 1832 (16 December 2003) has upheld the finding of Judge Bowsher QC (on which see our April 2003 issue, pp.1–3) that the defendant architects were liable to the claimant but has allowed the appeal in so far as Judge Bowsher concluded that the damages payable to the claimant were not to be reduced under the Law Reform (Contributory Negligence) Act 1945. The Court of Appeal concluded that the claimant had been guilty of contributory negligence and reduced the damages payable by the defendants by two-thirds. A full account of this case will be given in our next issue.