Murphy v Brentwood District Council [1991] UKHL 2 – Law Journals

Construction focus: The tale of the approved inspector

Can an approved inspector be pursued when recovering damages for a defective building? John Starr investigates ‘The respondent applied to strike out the case against it as disclosing no cause of action on the ground that no duty was owed in law by an approved inspector under s1(1) DPA 1972.’ There can be many parties …

Continue reading "Construction focus: The tale of the approved inspector"

This post is only available to members.

Duty of care: Claims against the police post Robinson and DSD – part one

In part one of a two-part analysis of claims against the police, John-Paul Swoboda examines the decision in Robinson and whether the police are exempt from negligence claims ‘Lord Reed and the other Supreme Court justices recognised that not too high a standard ought to be imposed on the police, but those observations did not …

Continue reading "Duty of care: Claims against the police post Robinson and DSD – part one"

This post is only available to members.

Property Claims: Personal injury claims against landlords

In the concluding part of their two-part article Jonathan Mitchell and Georgina Cursham examine the issues that arise with accidents on demised premises ‘Any potential claim or defence against a landlord will require careful consideration of the tenancy agreement.’ In last month’s article we considered the liability of landlords at common law and under statute. …

Continue reading "Property Claims: Personal injury claims against landlords"

This post is only available to members.

Property Claims: Personal injury claims against landlords

In the first of a two-part article Jonathan Mitchell and Georgina Cursham examine the issues that arise with accidents on demised premises ‘It has always been the case that where a landlord undertakes express duties in a lease, he will be liable to his tenant for foreseeable losses caused by breach of those express duties.’ …

Continue reading "Property Claims: Personal injury claims against landlords"

This post is only available to members.

Occupiers: Landlords beware

C L

Two recent High Court decisions provide some clarification of occupiers’ liability. Kathryn Harris explains why landlords may want to carry out more regular inspections in future The House of Lords’ decision in Cavalier confirmed that a landlord who lets premises in a dangerous condition owes no duty to remedy the defect and no duty of …

Continue reading "Occupiers: Landlords beware"

This post is only available to members.

Case Study: Pure economic loss re-examined

Rebecca Shorter looks at the issue of concurrent liability in the context of building defects ‘Contract and tort are different sources of obligations. The existence of a contract will not rule out the possibility of a concurrent duty of care in tort to prevent economic loss, but neither will it automatically create such a duty.’The …

Continue reading "Case Study: Pure economic loss re-examined"

This post is only available to members.

Professional Negligence: Limitations on recovery

Are concurrent liabilities a thing of the past for contractors? Alexandra Anderson looks at a recent case dealing with the issue ‘The fact that one party to a contract owes another party a contractual duty of care does not automatically give rise to a concurrent duty of care in tort to prevent economic loss.’Every contractor …

Continue reading "Professional Negligence: Limitations on recovery"

This post is only available to members.