Successful Appeal Against Strike Out Of '6.5 Million Property Damage Claim

• Published date: 19 December 2021
• Subject Matter: Insurance, Litigation, Mediation & Arbitration, Insurance Laws and Products, Trials & Appeals & Compensation
• Law Firm: BLM
• Author: Ms Hanna Platt

BLM represented a property owner and its insurers in a successful appeal against the strike out of a '6.5 million property damage claim arising out of a fire in a large unoccupied cinema.

The Court of Appeal has today handed down its judgment in the case of Rushbond Plc v The JS Design Partnership LLP [2021] in which the decision of the High Court to strike out the claim has been overturned.

BLM acted for Rushbond and their insurers in their successful appeal.

The case concerns a claim in negligence against architects JS Design for damages of '6.5 million arising out of a fire in a large empty cinema, the Majestic, in the centre of Leeds. The architect carried out an unaccompanied visit to the property during which they disabled the security protections in place and left the access door unlocked and unattended throughout their visit. It is Rushbond's case that, with the existing protections having been disabled, the failure by the architect to lock or otherwise guard the access door after entering the property allowed an intruder into the property who caused the fire.

In July 2020, the High Court struck out the claim finding that the architect did not owe the property owner a duty of care in negligence to protect the property from damage during their visit due to this being a case of 'pure omission' for which there is no liability in law.

The Court of Appeal has today overturned that...