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Ben Elkington KC persuades the Court of Appeal to over-turn the dismissal of a £6.5m property damage claim

News & Judgments
14 December 2021

4 New Square’s Ben Elkington KC persuades the Court of Appeal to over-turn the dismissal of a £6.5m property damage claim.  Ben was instructed on an appeal against Mrs Justice O’Farrell’s summary dismissal of a claim by a building owner against an architect who had left the property insecure while he inspected it.  The property was subsequently damaged by a fire started by an intruder.  The Judge had dismissed the claim on the basis that it was a “pure omissions” case and no relevant exception to the “pure omissions” rule applied.  The Court of Appeal reversed that decision and ordered that the claim should proceed to trial.

The judgment can be found here.

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Ben Elkington KC, FCIArb

Call: 1996 Silk: 2012

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