Category Archives: Duty of Care

Floods and expert evidence: Oldcorn v Southern Water Services Ltd

Oldcorn v Southern Water Services Ltd [2017] EWHC 62 TCC 

This case sets clear limits on the Marcic defence and confirms that where a sewerage undertaker’s owes a private law duty of care, it may not be able to rely upon the more limited Leakey “measured” duty of care.

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Filed under Causation, Duty of Care, Expert Evidence, Floods, Nuisance

Liability of Independent sub-contractors: Willmott Dixon Construction Ltd v Robert West Consulting Ltd.

In Willmott Dixon Construction Ltd v Robert West Consulting Ltd [2016] EWHC 3291 (TCC), Coulson J gave guidance as to the exceptions to the general rule that a main contractor cannot be liable in tort for the acts or omissions of an independent sub-contractor. He also analysed the application of those exceptions to a plea of contributory negligence. Continue reading

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Filed under Contribution, Duty of Care, Particulars of Claim, Pleadings

2TG Damage Day 2016

Thanks to all those who attended 2TG’s Damage Day 2016. The day was a great success, with a record number of attendees.

A special thanks to the Hon. Mr Justice Coulson who delivered the keynote speech.

 Many thanks to our speakers:

  • Howard Palmer QC who spoke on the problems of causation in contract and negligence based property damages cases
  • Jessica van der Meer who spoke on knowledge of malfunction and attribution of knowledge in property damage cases
  • Sonia Nolten who spoke on the meaning of “reasonable opportunity to abate” in subsidence claims.
  • George Hilton who spoke on procedure & awards under the Party Wall Act 1996
  • Ben Hobby FCA, Dip CII, of RGL Forensics who provided the expert perspective on proving a loss of profits calculation
  • Daniel Crowley & Isabel Barter who spoke on expert evidence & the Ocensa Pipeline Group Litigation Action
  • Andrew Miller QC who spoke on the changing face of mediation in property damage claims.

You can catch some of the highlights of Damage Day 2016 on 2TG’s twitter account: @2TempleGardens

We look forward to seeing you at Damage Day 2017

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Filed under ADR, Breach of contract, Causation, Contribution, Duty of Care, Expert Evidence, Fires, Floods, Insurance, Limitation, Natural Disaster, Nuisance, Party Walls, Procedure

Negligent advice by surveyors: Scott v EAR Sheppard Consulting Civil & Structural Engineers Ltd [2016] EWHC 1949 (TCC)

In Scott v EAR Sheppard Consulting Civil & Structural Engineers Ltd [2016] EWHC 1949 (TCC), the TCC visited the basics of the standard of care owed by surveyors.

Cs instructed surveyors, D1, to inspect the condition of a Property prior to its purchase. After reading D1s’ report, Cs purchased the Property and construction works at the Property were commenced on Cs’ behalf. The construction works were stopped by the local authority due to the Property’s existing poor structural condition; in particular, dangerous tilting of the walls.  Continue reading

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Filed under Duty of Care, Expert Evidence

Collapse of stout party? Engineers’ liability to supervise structural works

Akenhead J last week handed down judgment in a case about the sudden total collapse of a London house after a basement conversion went wrong, Goldswain and Hale v Beltec Limited and AIMS Plumbing and Building Services Limited [[2015] EWHC 556 (TCC). The dramatic nature of the collapse means that the case has attracted significant media attentionContinue reading

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Filed under Duty of Care

Bad Walls Make Bad Neighbours: Measuring the Measured Duty of Care

Judgment was handed down this week in the case of Coope & ors v Ward & anr [2015] EWCA Civ 30, in which the Court of Appeal addressed the correct approach in cases where a “measured duty of care” is alleged as between neighbouring landowners.

Giving the leading judgment, Christopher Clarke LJ makes clear the importance of assessing thoroughly not only the question of a duty’s existence, but also the extent of that duty. The case is an excellent illustration of the primacy of control as a relevant factor in the measured duty of care. It is also a reminder that where property damage occurs between neighbours the law of easements can assist (although, on the facts of this case, it did not) where the law of negligence does not.

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Filed under Duty of Care, Party Walls