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Michael defended this claim brought by Virgin for damage to a fibre optic cable crushed during the development of housing by one of Barratt sub-contractors.
It was common ground that the cable was damaged by a digger owned by one of the Defendant’s sub-contractors, whilst they were in control of the site. However in the Defence and at interlocutory stage Michael took technical points as to the pleading of Virgin’s claim. In line with these arguments the trial judge accepted that the claimant could only formally run a very restricted case. This ultimately failed and the claim was dismissed and costs recovered by the defendant.