FM Conway Ltd (appellant) v The Rugby Football Union and others (respondents)
Wednesday 8 – Thursday 9 March 2023
By Appellant’ s Notice filed on 19/7/22 FM Conway Ltd appeals against the order made by Eyre J dated 29/6/22.
The trial involved the determination of two preliminary issues. The proceedings related to the RFU’s claim against Conway and Clark Smith for damages for the consequences of allegedly defective works.
Conway argued that no claim could be brought in respect of a large part of the alleged losses as Conway and RFU were co-insureds in relation to those losses. The preliminary issues required determination of the questions of whether the effect of the insurance policy and the contractual arrangements was that RFU could not make a claim against Conway and that Clark Smith could not seek a contribution from Conway.
The judge found that neither the terms of the insurance policy nor those of the contract rendered the insured losses irrecoverable and so answered the first preliminary issue by saying that the losses were not irrecoverable. In those circs, the second preliminary issue did not arise.
Conway is a civil engineering contractor which was engaged by RFU to carry out works at Twickenhan Stadium in 2012. RSA is principal insurer for project insurance policy covering both Conway and RFU. Clark Smith is civil engineering consultancy engaged by RFU to design the ductwork that Conway installed.