Building Law Monthly
Scope of the duty of care
In Darcliffe Homes Ltd v Glanville Consultants and Another [2024] EWHC 3184 (TCC); [2025] BLR 76 Adrian Williamson KC, sitting
as a Deputy Judge of the High Court, held that although the defendant consultants had failed to exercise the degree of reasonable
skill and care to be expected of reasonably competent engineers producing a Phase 1 Geo-Environmental Assessment, the claimant
had failed to establish a sufficient causal nexus between the elements of the harm for which the claimant sought to recover
damages and the scope of the duty owed by the defendants to the claimant. The steps required of the defendants in order to
produce a report which was not negligent were found to be minimal and it was found that the claimant would not have acted
differently had it received non-negligent advice. The claimant was therefore found not to be entitled to recover damages from
the defendants.