Davies achieves best possible outcome in claim against policyholder in plumbing malfunction

  • Final agreement reached to release policyholder

  • 50% contribution towards defence costs secured from second Defendant

Background

The claimant alleged that a plumbing fitting supplied by the policyholder (first defendant) and installed by the second defendant had malfunctioned, causing water damage to the claimant’s property.

Both defendants denied liability and the claimant’s insurers served a writ (Northern Ireland) against both, seeking over £50,000 in repair costs.

How we helped

A report from a consulting engineer appointed by the second defendant identified a small deformity in the grab ring of the fitting. They were unable to give a definitive explanation for the cause of the deformity but suggested it may be due to an inherent defect, installation issues, or distortions during investigations. We appointed our own engineer on the policyholder’s behalf. They criticised the second defendant for potential installation shortcomings, such as an unevenly cut pipe end and insufficient pressure testing. The second defendant maintained the fitting was properly installed and that three-stage pressure testing was carried out. On that basis, their expert attributed the joint failure to a defective or damaged grab ring.

The case was set for a three-day trial. At a pre-trial joint meeting of experts, our engineer maintained their position and we reiterated our intention to maintain a complete defence to the claim, blaming the second defendant. The second defendant offered to release the policyholder on the basis the policyholder met their own costs. We rejected that offer seeking full reimbursement of costs incurred. We subsequently reached agreement, with the policyholder’s agreement and authority, to accept a 50% contribution to defence costs in exchange for release from the action

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