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10 February 2011 / Jennie Gillies
Issue: 7452 / Categories: Features , Commercial
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Time to end the split?

Jennie Gillies welcomes a decision which clarifies the relationship between contractual obligations & tortious duties

The question of whether a building contractor should, in addition to and by virtue of his contractual obligations, also be deemed to owe a co-extensive tortious duty of care to protect his client from suffering economic loss, has split official referees and Technology and Construction Court (TCC) judges for the past 15 years.

Opinion fell into two camps, with Judges Hicks QC and Seymour QC believing that a concurrent duty of care was owed (see respectively Storey v Charles Church Developments plc [1995] 73 Con LR 1 and Tesco Stores Ltd v Costain Construction Limited [2003] EWHC 1487 (TCC), [2003] All ER (D) 394 (Jul)) whereas Judges Humphrey Lloyd QC and Toulmin CMG QC considered no such duty to exist (see respectively Payne v John Setchell Ltd [2002] BLR 489, [2001] All ER (D) 203 (Mar) and Mirant Asia Pacific Limited v OAPIL [2004] EWHC 1750 (TCC)). In a welcome decision clarifying the law, a unanimous Court

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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