Stephen West and Another v Ian Finlay & Associates (A Firm)

JurisdictionEngland & Wales
CourtCourt of Appeal (Civil Division)
JudgeLord Justice Vos
Judgment Date27 March 2014
Neutral Citation[2014] EWCA Civ 316
Docket NumberCase No: A1/2013/1206
Date27 March 2014

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8 cases
  • Rendlesham Estates Plc & Others v Barr Ltd
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • 28 November 2014
    ... ... 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.)
    • Ireland
    • Court of Appeal (Ireland)
    • 29 July 2016
    ...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
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • 25 March 2024
    ...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
    • Hong Kong
    • District Court (Hong Kong)
    • 22 November 2018
    ... ... 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 ... ...
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5 firm's commentaries
  • Don’t Fall Into The Net…Contribution Clause
    • United Kingdom
    • Mondaq UK
    • 22 November 2014
    ...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?
    • United Kingdom
    • Mondaq United Kingdom
    • 25 April 2014
    ...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
    • United Kingdom
    • Mondaq United Kingdom
    • 4 August 2014
    ...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
    • United Kingdom
    • Mondaq United Kingdom
    • 7 July 2014
    ...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......
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4 books & journal articles
  • Litigation
    • United Kingdom
    • Construction Law. Volume III - Third Edition
    • 13 April 2020
    ...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
    • United Kingdom
    • Construction Law. Volume I - Third Edition
    • 13 April 2020
    ...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
    • United Kingdom
    • Construction Law. Volume II - Third Edition
    • 13 April 2020
    ...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
    • United Kingdom
    • Construction Law. Volume III - Third Edition
    • 13 April 2020
    ...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......