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14 December 2012
Issue: 7542 / Categories: Case law , Law digest , In Court
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Negligence

Cleightonhills v Bembridge Marine Ltd [2012] EWHC 3449 (TCC); [2012] All ER (D) 32 (Dec)

In considering whether a duty of care was owed, particularly in a construction context involving duties owed by parties who were only involved at all by reason of the contracts which they had entered into, the court needed to consider the contractual context in which such parties were involved in the first place. The court needed to consider what the party owing the duty to the other was contractually engaged to do. It was always necessary to consider what the scope of a tortious duty of care was. That scope was primarily determinable by reference to what the party owing the duty was at least broadly employed to do or actually did. It did not follow that, simply because a party was in breach of the contract pursuant to which it was involved in the project in question, it would be in breach of a duty of care owed to someone who was not a party to that contract.

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Bell Yard Kysen—Liz Giles

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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