Negligence in building design and construction
Tort is a collection of civil law remedies entitling a person to recover damages for loss and injury which have been caused by the actions, omissions or statements of another person in such circumstances that the latter was in breach of a duty or obligation imposed at law.
In tort, duties and obligations are created by the courts applying common law, which has, on the basis of previous authority fallen into three distinct categories:
The tort of negligence is concerned with a breach of a duty to take care. In order to succeed in an action for negligence, a plaintiff must prove:
- The defendant owed to the plaintiff a legal duty of care, and,
- The defendant was in breach of duty, and,
- The plaintiff has suffered damage as a result of that breach.
The legal duty of care referred to is one that arises independently of a contractual obligation and, indeed, in the absence of a contract. Over many years the courts have produced a long series of decisions to assist in deciding whether or not, on particular facts, a duty of care arises.
Some of the key cases are listed below. Clicking on the links will take you to articles describing each case.
- Donoghue v Stevenson (1932).
- Hedley Byrne & Co Ltd v Heller & Partners Ltd (1963, 1964).
- Dutton v Bognor Regis UDC and Another (1972).
- Anns v Merton London Borough Council (1977, 1978).
- Junior Books Ltd v Veitchi Co Ltd (1982).
- Governors of the Peabody Donation Fund v Sir Lindsay Parkinson & Co Ltd (1984).
- Muirhead v Industrial Tank Specialists Ltd (1985, 1986).
- Leigh & Sillivan Ltd v Aliakmon Shipping Co Ltd (1986).
- Curran and Another v Northern Ireland Co Ownership Housing Association Ltd and Another (1986, 1987).
- D&F Estates Limited and Others v Church Commissioners for England and others (1988, 1989).
- Murphy v Brentwood District Council (1990, 1991).
- Henderson and Others v Merrett Syndicates Ltd and Others (1994, 1995).
- White v Jones (1995).
- Gable House Estates Ltd v The Halpern Partnership and Another (1995).
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Moisture, fire safety and emerging trends in living walls
How wet is your wall?
Current policy explained and newly published consultation by the UK and Welsh Governments.
British architecture 1919–39. Book review.
Conservation of listed prefabs in Moseley.
Energy industry calls for urgent reform.
Heritage staff wellbeing at work survey.
A five minute introduction.
50th Golden anniversary ECA Edmundson apprentice award
Showcasing the very best electrotechnical and engineering services for half a century.
Welsh government consults on HRBs and reg changes
Seeking feedback on a new regulatory regime and a broad range of issues.
CIOB Client Guide (2nd edition) March 2025
Free download covering statutory dutyholder roles under the Building Safety Act and much more.
AI and automation in 3D modelling and spatial design
Can almost half of design development tasks be automated?
Minister quizzed, as responsibility transfers to MHCLG and BSR publishes new building control guidance.
UK environmental regulations reform 2025
Amid wider new approaches to ensure regulators and regulation support growth.
The maintenance challenge of tenements.
BSRIA Statutory Compliance Inspection Checklist
BG80/2025 now significantly updated to include requirements related to important changes in legislation.
Shortlist for the 2025 Roofscape Design Awards
Talent and innovation showcase announcement from the trussed rafter industry.