ATG seeks £200k in damages following 2019 Piccadilly Theatre ceiling collapse

The Piccadilly Theatre in the West End immediately following the incident in 2019. Photo: London Fire Brigade

Ambassador Theatre Group is bringing legal action against three companies in relation to work carried out at the Piccadilly Theatre, claiming their “breaches of contract" and "acts of negligence” resulted in a ceiling collapse at the venue in 2019.

According to documents filed in the High Court, ATG is seeking more than £200,000 in damages following the incident, which resulted in the theatre being evacuated during a performance of Death of a Salesman in November 2019.

At the time, a statement said a few people had suffered “minor injuries”, with a subsequent investigation claiming the partial collapse of the ceiling above the rear of the upper circle was caused by a “localised leak”.

A claim form filed in the High Court states that ATG is seeking damages from the defendants "for the alleged loss and damage suffered by the claimant as a result of the design, construction and management of temporary works".

"The works related to service improvements and consequential structural and architectural works required for a major refurbishment to the Grand Circle of the Piccadilly Theatre.

"The defendants’ breaches of contract and/or acts of negligence caused the collapse of part of the ceiling above the theatre on November 6, 2019 and substantial costs arising therefrom," the claim form states.

The defendants in the case are construction company Rise Contracts Limited, structural engineer firm Alan Conisbee and Associates Ltd and project manager Plann Limited.

In the particulars of the claim, it is alleged that the "collapse was caused by failures on the part of the defendants in their work in respect of services improvements and consequential structural and architectural works required for a major refurbishment to the theatre".

In a summary, it is claimed "the defendants knew, or should have known... that the relevant part of the roof of the theatre contained glass roof lights which had been covered over and [that] rooftop supports for plant, equipment and pipework were required not to penetrate the roof".

However, it continues that, in the course of work to install a "mass concrete plinth on the roof", the roof was penetrated by holes relating to "formwork and rebar" and "numerous glass blocks in the roof lights above the ceiling to the Grand Circle of the theatre were broken and penetrated".

"As a result, when on the night of November 5 to 6, 2019 there was a discharge of water on to the roof from the vent pipe associated with the front-of-house water tanks, the water drained through the roof and on to the ceiling of the Grand Circle," it claims, adding: "Even though, on the morning of November 6, 2019 water was observed to be dripping from the ceiling to the Grand Circle, no or no adequate steps were taken by Rise to dry and/or to support the ceiling, and/or to prevent the collapse, which occurred during a performance of Death of a Salesman at about 8pm that evening."

In a defence filed by Alan Conisbee and Associates, the firm states that the claim is brought by Ambassadors Theatre Group Limited, rather than Ambassador Theatre Group, and argues that "no such limited company of that name exists or has existed at any material time".

"Further, Conisbee was not appointed by (and owed no duties to) any entity of that name," it states.

The defence statement denies that Conisbee was "in breach of any of its obligations" and that the collapse was caused by any "matter within the scope of Conisbee’s obligations".

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Conisbee’s defence adds that, while admitting that all parties "ought to have been aware that rooftop supports for plant, equipment and pipework, as well as any temporary works required in connection with those items, were required not to penetrate the roof" the design details did not include "dowels or any other method of construction involving penetrative fixings into the existing roof slab".

"Further, by a general note in Conisbee’s drawing detailing the plinths, its design was to be read in conjunction with the CCBE Specification," it states and adds that it had provided a construction hazard assessment that highlighted skylights that had been covered over.

"If the works had been carried out in accordance with Conisbee’s design, no penetrations would have been present in the roof," it adds and states that the firm obliged with its obligations.

In a response to the claim, Plann director Jack Tilbury said: "We are extremely disappointed that ATG’s insurers have decided to take this action against us. Plann led a hugely complicated refurbishment of the Piccadilly Theatre over a period of several years culminating in the opening of Moulin Rouge. Throughout this time we maintained an excellent relationship with their senior management team and our services were extended several times to manage additional projects at the theatre after the incident occurred."

He added: "The ceiling collapse in 2019 was caused by a water leak for which Plann had absolutely no responsibility. The claim by ATG is denied in its entirety and all of the allegations will be robustly defended. We are unable to comment further at this time while proceedings are ongoing."

In its defence, Rise denied it was "liable to ATG for any loss and damage resulting from the collapse".

"The contractual scheme between the parties precluded any claim for losses intended to be covered by the joint names insurance that ATG was required to take out and maintain under the Rise contract," it said, adding: "If the source of the water that led to the collapse was the FOH vent pipe (as alleged by ATG), the collapse was due to an ’escape of water’, which ATG was required to insure against by way of a joint names policy. Accordingly, Rise is not in breach and, in any event, is not liable to ATG in respect of the loss and damage claimed."

Rise also denied that water from the FOH vent pipe on the roof entered the theatre "via penetrations in the roof made by Rise and/or its subcontractor".

"The penetrations to the roof were filled with fixings or otherwise sealed so as to prevent water entering the theatre by this route. It is further or alternatively denied that any water entering via the said penetrations caused the ceiling to collapse," it added.

It also highlighted a "historic and continuing problem with water ingress", which it said it was not within its remit.

"ATG has failed adequately to particularise its losses. On the information presently available, the vast majority of the losses do not appear to result from the collapse but rather from design changes made after the event and other unrelated matters," it said.