|Surveys duty of care – Appeals court decision|
|Written by Dave Hedgecock|
|Tuesday, 17 December 2013 12:38|
The court of appeal last week ruled in the case of Harrison and ors v Maison Blanc which considered whether a surveyor “Cluttons” owed a duty of care to third party claimants arising from a claim for injuries following the part collapse of a shop front.
The claim arose out of injuries sustained by the Claimants when the fascia attached to the front of a shop on Putney High Street collapsed on them.
At the initial trial Cluttons were found to be part liable for the claimants and the property lessee Maison Blanc’s losses in that they breached their duty of care by failing to notice that the front of the property was in a dangerous state.
The court of appeal overturned the ruling on the basis that Cluttons were not acting a Maison Blanc’s surveyor rather they acted for the landlord and the imposition of a duty of care would be wrong when the relationship between Maison Blanc and Cluttons was essentially adversarial.
This is a general summary of the case, it should not be regarded as a substitute for advice in any particular case its description above is intended only to demonstrate why it is important to be able to defend your position when your business if accused of being lacking and why it is important to have a robust and adequate Professional Indemnity Insurance policy to provide the funding to launch a successful defence. For more detail on the case please follow the link.
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