Source: All England Reporter
Publisher Citation: [1998] All ER (D) 708
Court: House of Lords

Lord Lloyd of Berwick, Lord Mackay of Clashfern, Lord Mustill, Lord Cooke of Thorndon and Lord Hutton

Representation James Drummond-Young QC and Robert Howie (instructed by MacRoberts) for BT.
  Matthew G Clarke QC and Laurence Murphy (instructed by Fairbairn Morris) for James Thomson & Sons (Engineers) Ltd.
Judgment Dates: 10 December 1998


Negligence - Duty of Care - Construction contract distinguished between nominated and domestic subcontractors - Contract required employer to insure against fire risk - Nominated subcontractors, but not domestic subcontractors, were to be insured parties under the policy or were to enjoy benefit of waiver of insurer's subrogation rights - Employer sued domestic subcontractor for damage caused by fire - Whether the insurance provisions of the contract precluded domestic subcontractor from owing a duty of care to the employer.

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