No negligence, no claim?
A consultant was engaged to notify all interested parties along a route of a new telecommunications cable. The consultant did this in accordance with its principal’s instructions. However, whilst laying the cable, the ship dragged it grapnel across the submarine transmission cable, which took power from the wind farm to the shore. A significant sum in damages was sought, including direct damages and consequential losses.
Court proceedings were brought directly against the ship owner. Although, the consultant carried out its role without fault, they were named in the proceedings as a joint defendant. Luckily the consultant had cover in place with ITIC, and the legal defence was paid for. We were also on hand to offer our expert advice. However, it shows that you do not need to be negligent to be claimed against.