No duty of care to passers-by
For a duty of care to be established in a personal injury claim, foreseeability of harm on its own is not enough; proximity between the parties is also required.
This was reaffirmed by the Court of Appeal in Harrison & Ors v Technical Sign Co Ltd & Ors: Active Commercial Interiors Ltd (Part 20 Respondent) v Cluttons LLP (Part 20 Appellant), in which the court had to determine where responsibilities lay when a sign fell off a building and injured passers-by.
In 2007, the fascia from the Maison Blanc Patisserie in Putney fell off, seriously injuring members of the Harrison family (the claimants). They brought proceedings against Maison Blanc, Technical Sign Co (Technical), Active Commercial Interiors (Active) and Cluttons. The various defendants brought contribution and indemnity claims among themselves…
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Also: collateral purpose of winding-up petition is not an abuse of process; and more.
…despite representation and warranty to the contrary. A helpful decision for lenders