Our client purchased some specialist industrial lifting equipment for use on the railway. It was controlled by complex software. Whilst being used for its intended purpose the machines were unable to maintain balance when lifting and one toppled over and tumbled down an embankment. Due to this incident all machines purchased by the company were deemed unsafe and unusable. In order to honour contracts already agreed the client was required to hire more machinery (whilst still paying finance on the ones purchased). The original machines were subject to testing and, after 18 months were modified and repaired.

Losing money while both paying for machinery that it couldn’t use and having to turn away work due to not having suitable machinery available the clients were in an invidious position, not least because the manufacturer, UK supplier and the bank that financed them all denied liability for various reasons.

Rob Ripley, Partner and Head of Bridge McFarland’s Dispute Resolution department assisted our client to negotiate a commercial settlement.