F and H Contractors v Commercial Union: CA 18 May 1993

Contractors had spread fertiliser unevenly on a field preparatory to the planting of a crop of potatoes. The result was ‘striping’, some potatoes showing signs of nutrient deficiency, whilst the remainder grew too quickly, resulting in an overall loss of yield.
Held: The plaintiff’s appeal failed. The loss was not ‘loss of or damage to material property’ within the meaning of the public liability policy. All the plants were found to have produced potatoes of uniform quality, but of uneven size. There was no disease.


Unreported, 18 May 1993


England and Wales

Cited by:

CitedD Pride and Partners (A Firm) and Others v Institute for Animal Health and Others QBD 31-Mar-2009
The claimants sought damages after the loss of business when the defendants’ premises were the source of an outbreak of foot and mouth disease. The organism had escaped from their premises via a broken drain.
Held: Much of the damage claimed . .
Lists of cited by and citing cases may be incomplete.


Updated: 18 June 2022; Ref: scu.331080