We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

No duty of care owed in respect of fire damage

Building Law Monthly

No duty of care owed in respect of fire damage

In John Innes Foundation and Others v Vertiv Infrastructure Ltd (formerly Emerson Network Power Ltd) [2020] EWHC 19 (TCC) Mr Roger ter Haar QC, sitting as a Deputy Judge of the High Court, held that the defendant did not owe a duty of care to the claimants in relation to property damage and economic loss suffered by the claimants as a result of damage caused by a fire. In concluding that no duty of care was owed, the Deputy Judge attached importance to the fact that this was a case in which, in his judgment, the parties had so structured their contractual relationships that it could not be said that the defendant had assumed responsibility towards the claimants (and there was no direct contractual relationship between the parties). He also relied on the fact that the claimants’ case was that the defendant had failed to honour its contractual obligations to a management company and the law of negligence is generally reluctant to impose liability in respect of failures to act.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?

Devices

Request a trial Find out more