Legal News

Court of Appeal finds it arguable that duty of care owed by defendant to claimant in respect of damage caused by a third party (Rushbond v The JS Design Partnership)

Published on: 17 December 2021
Published by: LexisPSL
  • Court of Appeal finds it arguable that duty of care owed by defendant to claimant in respect of damage caused by a third party (Rushbond v The JS Design Partnership)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Construction analysis: The Court of Appeal allowed an appeal against summary judgment for the defendant in a claim in negligence where a third party intruder caused a fire at the claimant’s property having gained access during an inspection by the defendant. The court at first instance held that this was a ‘pure omission’ case and the defendant did not owe the claimant a duty of care. The Court of Appeal disagreed with this finding and found that the alleged duty of care owed by the defendant to the claimant in respect of the damage caused by the third party was arguable (which was all that was required). or take a trial to read the full analysis.

Popular documents