Pure Economic Loss in UK Law
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Commissioners of Customs and Excise v Barclays Bank Plc
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The second is commonly known as the threefold test: whether loss to the claimant was a reasonably foreseeable consequence of what the defendant did or failed to do; whether the relationship between the parties was one of sufficient proximity; and whether in all the circumstances it is fair, just and reasonable to impose a duty of care on the defendant towards the claimant (what Kirby J in Perre v Apand Pty Ltd [1999] HCA 36, (1999) 198 CLR 180, para 259, succinctly labelled "policy").
First, there are cases in which one party can accurately be said to have assumed responsibility for what is said or done to another, the paradigm situation being a relationship having all the indicia of contract save consideration.
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White and Another v Jones and Another
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Although the categories of cases in which such special relationship can be held to exist are not closed, as yet only two categories have been identified, viz. (1) where there is a fiduciary relationship and (2) where the defendant has voluntarily answered a question or tenders skilled advice or services in circumstances where he knows or ought to know that an identified plaintiff will rely on his answers or advice.
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S.C.M. (United Kingdom) Ltd v W. J. Whittall & Son Ltd
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In actions of negligence, when the plaintiff has suffered no damage to his person or property, but has only sustained economic loss the law does not usually permit him to recover that loss. He gave this illustration: When a mine is flooded by negligence, thousands of men may be thrown out of work. So here I would ask: When an electric cable is damaged, many factories may be stopped from working. It is not sensible to saddle losses on this scale on to one sole contractor.
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Caparo Industries Plc v Dickman
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What emerges is that, in addition to the foreseeability of damage, necessary ingredients in any situation giving rise to a duty of care are that there should exist between the party owing the duty and the party to whom it is owed a relationship characterised by the law as one of "proximity" or "neighbourhood" and that the situation should be one in which the court considers it fair, just and reasonable that the law should impose a duty of a given scope upon the one party for the benefit of the other.
Indeed it is difficult to resist a conclusion that what have been treated as three separate requirements are, at least in most cases, in fact merely facets of the same thing, for in some cases the degree of foreseeability is such that it is from that alone that the requisite proximity can be deduced, whilst in others the absence of that essential relationship can most rationally be attributed simply to the court's view that it would not be fair and reasonable to hold the defendant responsible.
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McFarlane v Tayside Health Board
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The distinction is technical and artificial if not actually suspect in the circumstances of the present case, and is to my mind made irrelevant by the fact that Catherine's conception and birth are the very things that the defenders' professional services were called upon to prevent. In principle any losses occasioned thereby are recoverable however they may be characterised.
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Finance Act 2013
... ... 30: Loss relief surrenderable by non-UK resident ... and equipment, and(c) the addition of economic value, by the company, to those to whom the goods ... relief qualifying policy, or(iii) a pure protection policy,(b) the event is the issue of a ... ...
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The Pressure Equipment (Safety) Regulations 2016
... ... 1(2) by section 1 of the European Economic Area Act 1993 (c.51). # F3 Paragraph 1A of ... ” means gases, liquids and vapours in pure phase as well as mixtures thereof; fluids may ... in the equipment or assembly for any loss or damage suffered by reason of the notice if ... ...
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The Nuclear Safeguards (EU Exit) Regulations 2019
... ... forms irrecoverable for practical or economic reasons and which is intended to be disposed of ... magnitude of any accidental or unmeasured loss that might have occurred; and(g) the isotopic ... ...
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The Democratic People's Republic of Korea (Sanctions) (EU Exit) Regulations 2019
... ... services , or makes available funds or economic resources , that could contribute to any of the ... ) iodine hollow cathode lamps with windows in pure silicon or quartz;(b) uranium hollow cathode ... an INS navigation position accuracy, after loss of GNSS or DBRN for a period of up to four ... ...
- Book Review: Pure Economic Loss in Europe
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Pure Economic Loss in Negligence: Has England got it wrong? Does Australia have it right?
The exclusionary rule regarding recovery for pure economic loss in negligence in England has been the subject of academic debate for a long time. The law of negligence in England has developed in s...
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Dryden v Johnson Matthey: The Boundaries of Actionable Damage
In Dryden v Johnson Matthey, the claimants sought to recover in tort for becoming sensitised to platinum salts by the defendant's negligence. The Supreme Court found, unanimously, that merely becom...... ... like pre ventive damages, claimant-specific loss, and the broader raison d’ ˆ etre of tort. A ... the law to permit recovery in negligence of pure economic loss for preventi ve damage could ... ...
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A Reappraisal of Solicitors’ Liabilities to Opposing Parties and the (Further) Retreat from Caparo – Steel and Another v NRAM Ltd
... ... a careless representation which causes economic loss to B. There was no contract between them ... This is the latest judgment concerning both pure economic loss and solicitors’ liabilities to ... ...
- Environmental Torts And Pure Economic Loss
- Who Said There Was No Liability For Pure Economic Loss Whether You Are A Contractor Or A Designer?
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Does A Home Owner Have A Claim Against A Builder For A Defective Flue Discovered Over 12 Years After Construction?
... ... did not owe MR Robinson a duty of care for pure economic loss. Mr Robinson appealed to the Court ... ...
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Payment For Construction Works
... ... Negligence - Recoverability of Pure Economic Loss ... Thomas & Another v Taylor ... ...