GOLD v. PATMAN & FOTHERINGHAM, LTD.

[1958] 1 Lloyd's Rep. 587

COURT OF APPEAL.

Before Lord Justice Hodson, Lord Justice Romer and Lord Justice Sellers.

Building contracts- Insurance- Alleged contractual duty on contractors to insure building owner against liability to owners of adjoining properties - Enforceability - Uncertainty - Alleged implied conditions precedent- Whether contractors' annual policy covered building owner fortuitously - R.I.B.A. Conditions, Clause 15 (a). Costs - Appeal - Successful appellant defendants awarded costs of appeal, but, with regard to the costs below, defendants obtained judgment against plaintiff, with half their costs only. Practice- Preliminary point of law- Construction of contractual document not taken as preliminary point of law by defendants- Successful defendants on appeal awarded half costs in lower Court.