Titanium Polyurethane Seal Company v New Forest District Council, Court of Appeal - Technology and Construction Court, August 07, 2008, [2008] EWHC 2510 (TCC)

Reporting Judge: [2008] EWHC 2510 (TCC)

President: Titanium Polyurethane Seal Company v New Forest District Council

Linked as:

Extract

Titanium Polyurethane Seal Company v New Forest District Council, Court of Appeal - Technology and Construction Court, August 07, 2008, [2008] EWHC 2510 (TCC)

Neutral Citation Number: [2008] EWHC 2510 (TCC)

Case No: HT-07-386

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

TECHNOLOGY AND CONSTRUCTION COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: Thursday, 7th August 2008

Before:

HIS HONOUR JUDGE DAVID WILCOX

- - - - - - - - - - - - - - - - - - - - -

Between:

- - - - - - - - - - - - - - - - - - - - -

Digital Transcription by Marten Walsh Cherer Ltd.,

12-14 New Fetter Lane, London EC4A 1AG

Telephone No: 020 7936 6000. Fax No: 020 7427 0093

Email: info@martenwalshcherer.com

- - - - - - - - - - - - - - - - - - - - -

MR ALEXANDER HICKEY (instructed by Pannone LLP) for the Claimant

MR GRAEME SAMPSON (instructed by New Forest District Council Legal and Democratic Services) for the Defendant

- - - - - - - - - - - - - - - - - - - - -

JudgmentHIS HONOUR JUDGE DAVID WILCOX:

1. In August/September 2004 the claimant ("TPS") carried out work on three sports hall floors in leisure centres at Totton, Applemore and Ringwood. That work consisted of scrubbing and cleaning the floors, and then resealing them using two coats of heavy duty polyurethane. TPS provided the defendant, New Forest District Council ("NFDC"), with a maintenance sheet, explaining that the newly-sealed floor should be swept and vacuumed daily to remove dust, dirt and grit, and additionally given a weekly clean using a neutral detergent. By the end of November 2004 NFDC complained that the floors had lost their slip resistance and complained that TPS's seal was responsible.

2. TPS directors took the matter very seriously. They investigated the matters promptly and had discussions with NFDC officials on 29th November 2004. It was appreciated that the local authority had a duty to their users, the leisure centres, to ensure that the sports halls were safe to use for multisport activity and that the appropriate safe level of grip was maintained.

3. TPS reported that NFDC were not following the recommended maintenance routines and that the floors had greasy and dirty surfaces. They recommended a thorough clean to degrease the surfaces and a...

See the full content of this document