The claimant sought damages alleging negligence by the defendant leading to the explosion at the Bunce oil terminal, saying that a fuel storage tank had been overfilled. It now appealed against dismissal of its claim for economic losses, and the defendant appealed against a finding on indemnity provisions.
Held: The claimant’s appeal succeeded, and that of the defendant failed. There existed no clear authority on whether, provided the legal owner of the land was joined, the beneficial owner of land could claim either for economic losses or for damage to the property. However a duty of care toward the beneficial owner did exist where damage to that person’s interests was foreseeable. This extended to economic losses.
Judges:
Lord Justice Waller, Lord Justice Longmore and Lord Justice Richards
Citations:
[2010] EWCA Civ 180, [2010] 10 EG 117, 129 Con LR 104
Links:
Jurisdiction:
England and Wales
Negligence
Updated: 14 August 2022; Ref: scu.402497