Question 10 – Across more than one Learning Outcome (30 marks)
You are a claims handler for an insurer. One of the insurer’s policyholders XYZ Ltd, is a wholesale fireworkdistributor. XYZ Ltd has a public liability insurance policy with an excess of £5,000.XYZ Ltd have stored all its fireworks in the same industrial premises for over 20 years. Recently a smallresidential housing estate has been built close by the industrial premises.Richard who owns a property on the housing estate that is closest to the industrial premises, has made acomplaint to XYZ Ltd. The complaint related to the noise, dust and traffic caused by its company motorvehicles.Residents of the housing estate have also complained to XYZ Ltd about its vehicles regularly blockingaccess to their homes.A sub-contractor carried out maintenance work on the roof of the industrial premises. During themaintenance work a fire broke out, resulting in a number of explosions. These explosions caused extensivedamage to several properties on the housing estate.XYZ Ltd made a claim.
(a)Identify, with justification, two torts XYZ Ltd may have committed.(6)
(b)Explain, with justification, one defence available to XYZ Ltd in respect of one of the torts you haveidentified in (a) above. Refer to one statute in support of your explanation.(4)
(c) Identify, with justification, two legal remedies that could be pursued by Richard. (4)
(d)Explain, with justification, the potential liability for XYZ Ltd with regards to the property damagecaused by the explosions. Refer to one relevent case in support of your explanation.(8)
(e)Explain, with justification, whether the insurer has any right of recovery against the sub-contractor.(8)