Proceeding with a defended professional negligence proof: Christies Parks Ltd v Scottish Water
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Neil Beynon
In a new article Terra Firma’s Neil Beynon has considered one of his own professional negligence cases which proceeded to proof and judgment.
Counsel was instructed on behalf of the pursuer by Allan Black & McCaskie and Edinburgh agents, Drummond Miller.
While most professional liability proofs which proceed in the Court of Session concern allegations of clinical negligence, Christies Parks Ltd v Scottish Water [2016] CSOH 155 was a case of alleged professional negligence by construction professionals.
The opinion of Lord Clark which, in substance, upheld the pursuer’s claim, offers a valuable guide as to how best to identify and determine the critical issues of fact, causation, liability and quantification in a claim for damage to heritable property where construction and professional negligence is alleged.
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