Lloyds Bank Plc v McBains Cooper [2016] EWHC 2045 (TCC) (06 October 2016)

Lloyds Bank Plc v McBains Cooper [2016] EWHC 2045 (TCC) (06 October 2016)

McBains Cooper was liable for the sums advanced by Lloyds Bank which would not have been advanced but for McBains Cooper's negligent advice and failure to warn of cost shortfalls and third floor works; however, the Bank was one third contributorily negligent, reducing recoverable damages accordingly.

Citation
[2016] EWHC 2045 (TCC)
Parties
Claimant: Lloyds Bank plc; Defendant: McBains Cooper
Jurisdiction
England and Wales
Judgment Date
06 October 2016
Procedural Posture
Civil / Damages Assessment Following Liability Judgment
Outcome
Claim allowed in part; damages awarded subject to set-off and contributory negligence.
Legal Topics
Project Monitoring Liability, Contributory Negligence, Damages Assessment, Scope of Duty (saamco)
Professional Negligence Banking Law Construction Law Project Monitoring Liability Contributory Negligence Damages Assessment Scope of Duty (saamco)

Case Brief

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Parties

Lloyds Bank plc

Claimant

McBains Cooper

Defendant

Procedural Posture

Civil / Damages Assessment Following Liability Judgment

Legal Issues

  1. 1 Whether McBains Cooper was negligent in its duties as project monitor to Lloyds Bank
  2. 2 Whether Lloyds Bank relied on McBains Cooper's advice in advancing funds
  3. 3 Extent of McBains Cooper's liability for losses sustained by the Bank

Ratio Decidendi

McBains Cooper was liable for the sums advanced by Lloyds Bank which would not have been advanced but for McBains Cooper's negligent advice and failure to warn of cost shortfalls and third floor works; however, the Bank was one third contributorily negligent, reducing recoverable damages accordingly.

Court Disposition

Claim allowed in part; damages awarded subject to set-off and contributory negligence.

Orders

  • McBains Cooper to pay Lloyds Bank £127,115.95 plus interest at 1.75% per annum from 1 January 2009, with precise interest to be calculated by the parties.