Source: All England Reporter
Publisher Citation: [2009] All ER (D) 60 (Aug)
Neutral Citation: [2009] EWHC 2058 (QB)
Court: Queen's Bench Division

Foskett J

Representation Michael Fealy (instructed by Edwards Angell Palmer & Dodge UK LLP) for the claimant.
  Oliver Campbell (instructed by Kennedys) for the first defendant.
  Yash Kulkarni (instructed by DRG Solicitors LLP) for the third defendant.
Judgment Dates: 7 August 2009


Negligence - Duty to take care - Breach of duty - Negligent misstatement - Defendant contracted to carry out asbestos removal work on ceiling at claimant's office - Defendant sub-contracting work to third defendant - Work completed in 1997 - Asbestos discovered in ceiling area in 2007 - Whether defendants negligent - Whether first defendant liable in negligent misstatement.

The Case

Negligence Duty to take care. Queen's Bench Division: The claimant steel manufacturing company's claim in negligence and negligent misstatement against the defendants in respect of asbestos clearance works carried out in 1997 failed where, on the facts, the defendants had not been in breach of any duty owed.

If you are a LexisLibrary subscriber you can read more about this case here.