The claimants were lessees of premises, and the second claimants had contracted to purchase it. The premises burned down, and the claimants sought damages from the architect respondents. The fire began because of negligence by the claimant’s employee in a preparation area after leaving a gas fire burning.
Held: The defendants had failed in their design to provide proper safeguards. Damages were to be assessed by first assessing the total loss to Sahib (both physical and consequential in terms of trading loss), and then deducting the total of what would have been lost (both physical and consequential) if the fire had been contained but for the design fault.
Judges:
His Honour Judge Bowsher Q.C.
Citations:
[2003] EWHC 142 (TCC)
Links:
Citing:
Cited – Bellefield Computer Services and others v E Turner and Sons Limited and others CA 18-Dec-2002
The defendants had carried out works of construction on the premises. They subcontracted the design, but not the supervision, of the works to architects. Years later there was a fire, which spread rapidly because of negligence in the design of a . .
Cited – Bolam v Friern Hospital Management Committee QBD 1957
Professional to use Skilled Persons Ordinary Care
Negligence was alleged against a doctor.
Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test . .
Cited – Pride Valley Foods Limited v Hall and Partners and Hall and Partners (Contract Management) Limited CA 28-Jun-2001
The defendants had advised on the construction of a plant. It later burned down, and the fire would have been less damaging but for materials used. The plaintiff sought damages for breach of contract and negligence. The judge at first instance held . .
Cited by:
Appeal from – Sahib Foods Limited (In Liquidation) v Paskin Kyriakides Sands (A Firm) CA 19-Dec-2003
. .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Construction, Damages
Updated: 07 June 2022; Ref: scu.179554