LIABILITY FOR ACTS OF A THIRD PARTY

Sandhu Menswear Company Limited v Woolworths plc [2006] EWHC 1299 (TCC) (unreported, 5 June 2006)

Rachel Kapila

In Sandhu Menswear Company Limited v Woolworths Plc [2006] EWHC 1299 (TCC) (unreported, 5 June 2006), Judge Frances Kirkham, applying the principles in Smith v Littlewoods Organisation Ltd [1987] 1 AC 241, held that a duty of care can be imposed on a defendant in relation to damage caused by a fire started by a third party even though no specific warning has been given to the defendant about the risk of fire and there have been no previous similar fires in the area. Much depends on the circumstances of the case. In assessing the standard of care, any particular knowledge of the defendant as to the risks of fire should be taken into account. Moreover, where the defendant is an organisation, the reasonable care and skill required should be measured by reference to the knowledge which the organisation has and not to any lesser knowledge of its employees on the ground.