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The Scottish Court of Session, Inner House upheld a first instance decision that a lead consultant was not liable for work carried out by third party consultants appointed directly by a local authority. Jonathan Spencer (Managing Associate) and David Fitzpatrick (Associate) of Simmons & Simmons consider the ruling.
Midlothian Council v Bracewell Stirling Architects  CSIH 21
While this is a Scottish decision (and is, therefore, only persuasive rather than legally binding in England and Wales), it reinforces that when presented with competing contractual interpretations, the UK courts will consider the broader nexus of
the parties’ relationship to arrive at a conclusion.
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Jonathan is a Partner at Simmons & Simmons. He specialises in defending professional indemnity claims against construction professionals (including architects, engineers, and surveyors) and major contractors. He also regularly advises on complex, high value coverage disputes for London market insurers.
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