NO LIABILITY FOR DAMAGE CAUSED BY FIRE

Wessanen Foods Ltd v Jofson Ltd [2006] EWHC 1325 (TCC), 8 June 2006

In Wessanen Foods Ltd v Jofson Ltd [2006] EWHC 1325 (TCC), 8 June 2006 Judge Peter Coulson QC held that the defendant was not liable to the claimant for losses suffered by the claimant as a result of a fire in its factory caused by a fire which started in a fork lift truck owned by the defendant and which had been hired to the claimant. On the facts, Judge Coulson concluded that there had been no breach of contract by the defendant, nor was there any liability in the tort of negligence. The greater interest of the case lies in the analysis adopted by Judge Coulson of some standard form clauses to be found in the contract between the defendant and the claimant.