August 28, 2025
Barclays Bank Plc v Fairclough Building Ltd [1994] EWCA Civ 3 (06 May 1994)
Facts Barclays Bank Plc (the Bank) employed Fairclough Building Ltd (Fairclough) under a contract to clean and repair the asbestos roofs of two housing estates. Fairclough sub-contracted the work to another specialist firm. The work was performed defectively, leading to significant asbestos contamination of the properties. The Bank was forced to evacuate residents and engage a different contractor to carry out extensive decontamination works at a cost of nearly £4 million. The Bank sued Fairclough for breach of contract to recover these costs. Fairclough admitted it had breached its contractual obligations but contended that the Bank’s damages should be reduced
