HOK Sport (formerly Lobb Partnership Ltd) and Aintree Racecourse Co Ltd
HOK Sport (formerly Lobb Partnership Ltd) and Aintree Racecourse Co Ltd
- 2003
- Construction Law Reports [2003] 86 Con LR 165-196(32) .
[2003] EWHC 3094 (TCC), 12 November 2002. Application by appellant (L) for leave to appeal on a question of law arising out of an arbitrator's award pursuant to the Arbitration Act 1996 s69(2)(b). After considering application L was granted leave to appeal on the question of what basis should quantum of damages recoverable by A as a consequence of H's breaches of its duty to warn A be determined? HC held that the arbitrator should have applied "South Australia Asset Management Co v York Montague Ltd" [1997] AC 191. test in determining basis for liability. It was essential to identify the correct description of the kind of loss for which A was entitled to compensation and this was closely related to the precise scope and purpose of the duty owed to the A by H. H's duty was to provide information and not advice. Arbitrator's award amended on appeal, outlines revised basis for determining quantum of damages.
HOK SPORT (FORMERLY LOBB PARTNERSHIP LTD V AINTREE RACECOURSE
DAMAGES
DUTY OF CARE
ARCHITECTS
[2003] EWHC 3094 (TCC), 12 November 2002. Application by appellant (L) for leave to appeal on a question of law arising out of an arbitrator's award pursuant to the Arbitration Act 1996 s69(2)(b). After considering application L was granted leave to appeal on the question of what basis should quantum of damages recoverable by A as a consequence of H's breaches of its duty to warn A be determined? HC held that the arbitrator should have applied "South Australia Asset Management Co v York Montague Ltd" [1997] AC 191. test in determining basis for liability. It was essential to identify the correct description of the kind of loss for which A was entitled to compensation and this was closely related to the precise scope and purpose of the duty owed to the A by H. H's duty was to provide information and not advice. Arbitrator's award amended on appeal, outlines revised basis for determining quantum of damages.
HOK SPORT (FORMERLY LOBB PARTNERSHIP LTD V AINTREE RACECOURSE
DAMAGES
DUTY OF CARE
ARCHITECTS