BRITISH TELECOMMUNICATIONS PLC V JAMES THOMSON & SONS (ENGINEERS) LTD

(1997) 6 Re LR 325

Scotland Court of Session Inner House Second Division

Before the Lord Justice Clerk (Lord Ross), Lord Cowie and Lord Morison

Negligence - Duty of care - Scotland - Building contract - Fire caused by alleged negligence of sub-contractors - Sub-contractors aware that employers had undertaken to insure against risk of negligence on part of sub-contractors - Whether sub-contractors entitled to assume not merely that they need not insure but that they were not under any duty of care to employers with regard to any loss or damage caused by their actings - Whether Lord Ordinary erred in law.