TCC Allows Laing v Doyle Approach To Global Claims

Following the Scottish decision in Laing v Doyle (2004), many in the construction world thought that the pursuit of global claims would become easier. In essence, the Laing v Doyle approach is that where it can be shown that some of the events that cause a delay or a loss are not actually the responsibility of the employer, the global claim should not necessarily fail, since it may be possible to apportion the loss as between the causes for which the employer is responsible and other causes, provided that sufficient evidence is presented.

However, there has been uncertainty about whether the Laing v Doyle approach to global claims would be accepted in the English courts.

In the recent case of London Underground v Citylink, the TCC considered the approach set out in the decision of Laing v Doyle on appeal from an arbitrator's award. The arbitrator had followed Laing v Doyle, and his approach was challenged in the TCC. It held that:

The John Doyle approach was acceptable. However, it is important to note that neither party contended otherwise.

The pleading of causation (e.g. that a number of events caused a total delay of X weeks) need not be over elaborate, covering every possible combination of contractual events that might exist or covering the delay that might be said to flow from every possible combination of such events.

Where a global claim is advanced it will be for the tribunal to determine whether there is a sufficient evidentiary basis for showing a link between cause (e.g. breaches of contract, variation instructions) and effect (i.e. delay, disruption, increased cost, or any combination of those).

If a global claim fails, in the sense that the tribunal (or indeed a court) does not accept that all of the pleaded events caused a total delay of X weeks, this does not necessarily mean that the claimant will be unsuccessful overall. It may, for example, be open to the tribunal to find that there were some events - for which the employer was responsible - that caused the contractor to be delayed. If it is clear that the contractor has been delayed by the employer, it may be open to the tribunal to find that the contractor ought to have been granted an extension of time of Y weeks (where Y

One note of caution: London Underground v Citylink should not be seen as a ringing...