Goldswain & Anor v Beltec Ltd (t/a BCS Consulting) & Anor [2015] EWHC 556 (TCC) (10 March 2015)

Goldswain & Anor v Beltec Ltd (t/a BCS Consulting) & Anor [2015] EWHC 556 (TCC) (10 March 2015)

Beltec Limited was contractually retained to provide structural design only, not supervision; its design met the standard of care expected of a competent engineer. No duty to warn arose as there was no obvious and significant danger apparent to Beltec at the relevant time. The collapse was caused by AIMS's failure...

Source-derived case information.

Citation
[2015] EWHC 556 (TCC)
Parties
Claimant: Edward Goldswain; Claimant: Jacqueline Hale; First Defendant: Beltec Limited (t/a BCS Consulting); Second Defendant: AIMS Plumbing and Building Services Limited
Jurisdiction
England and Wales
Judgment Date
10 March 2015
Procedural Posture
Professional Negligence / Final Judgment
Outcome
Claim against Beltec Limited dismissed; judgment in default against AIMS Plumbing and Building Services Limited; damages to be assessed against AIMS.
Legal Topics
Duty to Warn, Standard of Care, Contractual Obligations, Liability for Design Defects, Contractor Responsibility, Temporary Works, Causation
Construction Law Professional Negligence Duty to Warn Standard of Care Contractual Obligations Liability for Design Defects Contractor Responsibility Temporary Works +1 more

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Parties

Edward Goldswain

Claimant

Jacqueline Hale

Claimant

Beltec Limited (t/a BCS Consulting)

First Defendant

AIMS Plumbing and Building Services Limited

Second Defendant

Procedural Posture

Professional Negligence / Final Judgment

Legal Issues

  1. 1 Whether Beltec Limited breached its duty of care in design and warning obligations
  2. 2 Whether AIMS Plumbing and Building Services Limited breached its duty of care in construction
  3. 3 Scope of professional duty to warn in construction context

Ratio Decidendi

Beltec Limited was contractually retained to provide structural design only, not supervision; its design met the standard of care expected of a competent engineer. No duty to warn arose as there was no obvious and significant danger apparent to Beltec at the relevant time. The collapse was caused by AIMS's failure to follow the design, including omission of temporary propping and improper construction of underpinning. Judgment against AIMS in default; claim against Beltec dismissed.

Court Disposition

Claim against Beltec Limited dismissed; judgment in default against AIMS Plumbing and Building Services Limited; damages to be assessed against AIMS.

Orders

  • Claim against Beltec Limited dismissed.
  • Judgment in default against AIMS Plumbing and Building Services Limited.