Gunn & Anor v Taygroup Ltd

Gunn & Anor v Taygroup Ltd

Defendant's evidence does not establish proximity, assumption of responsibility, or reliance necessary for duty of care in economic loss; no breach of duty by Third Parties; Occupiers' Liability Act does not extend to pure economic loss in this context.

Parties
Claimant: Andrew David George Gunn; Defendant: Mark Lloyd-Wilson; Defendant: Taygroup Limited; Third Party: Russell Foskett; Third Party: Steven Foskett
Jurisdiction
England and Wales
Judgment Date
09 December 2010
Procedural Posture
Civil / Summary Judgment Application / Strike Out of Third Party Notice
Outcome
Judgment for Third Parties; Third Party proceedings dismissed.
Legal Topics
Negligence, Duty of Care, Economic Loss, Occupiers' Liability Act
Tort Law Occupiers' Liability Negligence Duty of Care Economic Loss Occupiers' Liability Act

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Parties

Andrew David George Gunn

Claimant

Mark Lloyd-Wilson

Defendant

Taygroup Limited

Defendant

Russell Foskett

Third Party

Steven Foskett

Third Party

Procedural Posture

Civil / Summary Judgment Application / Strike Out of Third Party Notice

Legal Issues

  1. 1 Whether Third Parties owed a duty of care to the Defendant for economic loss
  2. 2 Whether there was a breach of duty by the Third Parties
  3. 3 Applicability of Occupiers' Liability Act to economic loss claims

Ratio Decidendi

Defendant's evidence does not establish proximity, assumption of responsibility, or reliance necessary for duty of care in economic loss; no breach of duty by Third Parties; Occupiers' Liability Act does not extend to pure economic loss in this context.

Court Disposition

Judgment for Third Parties; Third Party proceedings dismissed.

Orders

  • Third Party proceedings against Russell Foskett and Steven Foskett dismissed.
  • Judgment entered for Third Parties against Defendant.