John F Hunt Demoliton Ltd v ASME Engineering Ltd. Where the contractual provisions exclude liability for a certain type of loss (in this case reinstatement value after destruction by fire where the employer is responsible for maintaining insurance to cover that liability) the court should not allow a separate duty in negligence to be tacked on to the back of the contract. This case also dealt with settlement sums being sought in subsequent proceedings from third parties (see separate article entitled “Are you considering settlement?” for other aspects of this case).
McGlinn v Waltham Contractors Ltd. When a claimant seeks to recover remedial or reinstatement costs it is not enough just to take expert advice on what is the appropriate course of action, the claimant must act reasonably at the same time, e.g. in this case although the expert had advised that demolition and reinstatement (the more expensive course of action) was appropriate the judge found that the claimant was only entitled to the less expensive cost of repairs.