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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

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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