|Source:||All England Reporter|
|Publisher Citation:|| 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.