Parkhead Housing Association Ltd v Phoenix Preservation Ltd
Parkhead Housing Association Ltd v Phoenix Preservation Ltd
- 1990
- Scots Law Times 1990 SLT 812-818(7) .
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.
CONTRACTORS
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.
CONTRACTORS