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Mechanism for assignment precluded duty of care in tort (BDW v Integral Geotechnique)

Published on: 27 July 2018
Published by: LexisPSL
  • Mechanism for assignment precluded duty of care in tort (BDW v Integral Geotechnique)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Joint statements
  • Case details

Article summary

Construction analysis: The Technology and Construction Court (TCC) dismissed a developer’s professional negligence claim against a consulting engineer, which had alleged that the consultant had failed to properly advise of the risk of asbestos on site in a report it had carried out for the original vendor. The court concluded that the consultant had not owed a duty of care in tort to the developer—the consultant had not been asked about, or agreed to, the developer placing legal reliance on the report other than through the mechanism of an assignment, which never took place. or take a trial to read the full analysis.

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