Lejonvarn v Burgess & Anor [2017] EWCA Civ 254 (07 April 2017)

Lejonvarn v Burgess & Anor [2017] EWCA Civ 254 (07 April 2017)

A professional who voluntarily provides skilled services in a professional context, where the recipient reasonably relies on those services and the relationship is akin to contract, assumes responsibility and owes a duty of care in tort for economic loss, even if no contract or consideration exists.

Source-derived case information.

Citation
[2017] EWCA Civ 254
Parties
Appellant: Mrs Basia Lejonvarn; Respondent: Mr Peter Burgess; Respondent: Mrs Lynn Burgess
Jurisdiction
England and Wales
Judgment Date
07 April 2017
Procedural Posture
Civil Appeal / Appeal From High Court (tcc) on Preliminary Issues
Outcome
Appeal dismissed
Legal Topics
Assumption of Responsibility, Duty of Care, Pure Economic Loss, Gratuitous Professional Services, Negligence, Absence of Contract, Project Management Liability
Tort Law Professional Negligence Contract Law Assumption of Responsibility Duty of Care Pure Economic Loss Gratuitous Professional Services Negligence +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Mrs Basia Lejonvarn

Appellant

Mr Peter Burgess

Respondent

Mrs Lynn Burgess

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (tcc) on Preliminary Issues

Legal Issues

  1. 1 Whether a duty of care in tort arises for gratuitous professional services where no contract exists
  2. 2 Whether the appellant owed a duty to inspect, supervise, design, control costs, and advise on payments
  3. 3 Whether the relationship was akin to contract sufficient to impose tortious liability

Ratio Decidendi

A professional who voluntarily provides skilled services in a professional context, where the recipient reasonably relies on those services and the relationship is akin to contract, assumes responsibility and owes a duty of care in tort for economic loss, even if no contract or consideration exists.

Court Disposition

Appeal dismissed

Orders

  • The finding that Mrs Lejonvarn owed a duty of care in tort to the Burgesses is upheld.
  • The matter may proceed to trial on the substantive issues of breach and damages.