Stephen West and Another v Ian Finlay & Associates (A Firm)
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Civil Division) |
| Judge | Lord Justice Vos |
| Judgment Date | 27 March 2014 |
| Neutral Citation | [2014] EWCA Civ 316 |
| Docket Number | Case No: A1/2013/1206 |
| Date | 27 March 2014 |
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
8 cases
-
Rendlesham Estates Plc & Others v Barr Ltd
... ... lives to the exclusion of members of another household, as it seems to me that it must be 1 , ... a similar point in relation to the claim by West Register, a subsidiary of the Royal Bank of ... has two directors, William Cheevers and Stephen Hamill who are also directors of Barr. The ... of the Court of Appeal in West v Ian Finlay & Associates [2014] BLR 324 , the court said ... ...
-
Reaney v Interlink Ireland Ltd (t/a D.P.D.)
...on the analogous, but not identical statutory provision in England and Wales West and Anor. v. Ian Finlay & Associates (affirm) [2014] EWCA Civ 316 in which Voss L.J. at para. 75 stated that the applicable legal principles in that jurisdiction (which were not in dispute) include that, ‘The ......
-
Brenda Vainker & Anor v Marbank Construction Limited & Ors
...from the leaking shower trays, was in my judgment very significant. 304. In the recent decision of the Court of Appeal in West v Ian Finlay & Associates [2014] BLR 324, the court said that awards of this type should be modest and subject to a maximum of about £3,000 per annum (at current pr......
-
李典六 對 匯澤綠色資源有限公司
... ... Lindsey [2007] EWHC 3023 (TCC), para 275;West ... ] EWHC 3023 (TCC), para 275;West v Ian Finlay ... (TCC), para 275;West v Ian Finlay and Associates ... ...
Get Started for Free
5 firm's commentaries
-
Dont Fall Into The Net
Contribution Clause
...one for residential projects, and came under scrutiny in the case of Stephen West, Carol West v Ian Finlay & Associates (IFA) [2014] EWCA Civ 316. IFA's appointment included a Net Contribution Clause (NCC). This meant that IFA's liability for loss or damage suffered by the Wests was to ......
-
Net Contribution Clauses: Are They Unreasonable And/Or Unfair?
...the case of West & West v Ian Finlay & Associates (a firm), [2014] EWCA Civ 316, the Court of Appeal had to review the effect of a net contribution The Facts In June 2005 Mr and Mrs West ('the Wests') purchased a property in Putney, London for £1.7 million. The Wests planned major r......
-
Net Contribution Clause Is Crystal Clear
...Stephen and Carol West v Ian Finlay & Associates [2014] EWCA Civ 316, a case involving the interpretation of a net contribution clause, the Court of Appeal have overturned a first instance decision and held that the architect could rely on the net contribution clause to limit its What i......
-
Casting Your Net (Contribution Clause) Into The Sea Of Liability
...context), the extent of a party's responsibility for specific damage. Footnote The Court of Appeal decision in West v Finlay [2014] EWCA Civ 316 is available at The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about......
Get Started for Free
4 books & journal articles
-
Litigation
...eg, West v Ian Finlay & Associates (A Firm) [2013] EWHC 868 (TCC) at [311], per Edwards-Stuart J (appeal allowed, for other reasons: [2014] EWCA Civ 316). See also Chan Shun Kei v Hong Kong Construction (Hong Kong) Ltd [2014] HKCFI 632 at [7], per DHCJ Burrell. 334 See, eg, Driltech Ground ......
-
Contract administration
...West v Ian Finlay & Associates (A Firm) [2013] EWHC 868 (TCC) at [181]–[182], per Edwards-Stuart J (appeal allowed, for other reasons [2014] EWCA Civ 316). 558 Wridgway v Dunn (1892) 18 VLR 705; McKnight v District Committee of the Middle Ward of Lanarkshire (1899) 7 SLT 47; Anglian Water S......
-
Defects
...J; West v Ian Finlay & Associates (A Firm) [2013] EWhC 868 (TCC) at [251], per Edwards-Stuart J (appeal allowed, for other reasons: [2014] EWCa Civ 316); Millenia Pte Ltd v Dragages Singapore Pte Ltd [2018] SGhC 193 at [670]–[671] and [678]–[679], per Quentin Loh J. See also Skandia Propert......
-
Statutory regulation of work
...v Ian Finlay & Associates (A Firm) [2013] EWHC 868 (TCC) at [296]–[303], per Edwards-Stuart J (appeal allowed, on unrelated grounds [2014] EWCA Civ 316); Hunt v Optima (Cambridge) Ltd [2013] EWHC 681 (TCC) at [136(b)], per Akenhead J (appeal allowed, on unrelated grounds: [2014] EWCA Civ 71......