Parkhead Housing Association Ltd v Phoenix Preservation Ltd
Language: English Series: Scots Law Times ; 1990 SLT 812-818(7)Publication details: 1990Subject(s): Summary: Outer House. 17 April 1990. Concerns a claim for negligence brought by Parkhead Housing Association (X) against Phoenix Preservation Ltd (Y) for an allegedly defective damp course resulting in damp causing damage to the building. Main contractor went into receivership . At procedure roll, Y alleged that any loss suffered by X was only economic loss and that Y did not owe duty of care to X. It was held that it was not possible at procedure roll to take a firm role on causation, ant that Y was responsible for pointing out anything in their subcontracting and if the case was one of mere economic loss it was not possible at procedure roll to exclude the possibility that owners could establish a nexus between themselves and Y and therefore Y should owe duty of care in relation to this loss. However, proof was needed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS43635 (Browse shelf(Opens below)) | 1 | Available | 42675-1001 |
Outer House. 17 April 1990. Concerns a claim for negligence brought by Parkhead Housing Association (X) against Phoenix Preservation Ltd (Y) for an allegedly defective damp course resulting in damp causing damage to the building. Main contractor went into receivership . At procedure roll, Y alleged that any loss suffered by X was only economic loss and that Y did not owe duty of care to X. It was held that it was not possible at procedure roll to take a firm role on causation, ant that Y was responsible for pointing out anything in their subcontracting and if the case was one of mere economic loss it was not possible at procedure roll to exclude the possibility that owners could establish a nexus between themselves and Y and therefore Y should owe duty of care in relation to this loss. However, proof was needed.