Negligence in building design and construction
Tort is a collection of civil law remedies entitling a person to recover damages for loss and injury which have been caused by the actions, omissions or statements of another person in such circumstances that the latter was in breach of a duty or obligation imposed at law.
In tort, duties and obligations are created by the courts applying common law, which has, on the basis of previous authority fallen into three distinct categories:
The tort of negligence is concerned with a breach of a duty to take care. In order to succeed in an action for negligence, a plaintiff must prove:
- The defendant owed to the plaintiff a legal duty of care, and,
- The defendant was in breach of duty, and,
- The plaintiff has suffered damage as a result of that breach.
The legal duty of care referred to is one that arises independently of a contractual obligation and, indeed, in the absence of a contract. Over many years the courts have produced a long series of decisions to assist in deciding whether or not, on particular facts, a duty of care arises.
Some of the key cases are listed below. Clicking on the links will take you to articles describing each case.
- Donoghue v Stevenson (1932).
- Hedley Byrne & Co Ltd v Heller & Partners Ltd (1963, 1964).
- Dutton v Bognor Regis UDC and Another (1972).
- Anns v Merton London Borough Council (1977, 1978).
- Junior Books Ltd v Veitchi Co Ltd (1982).
- Governors of the Peabody Donation Fund v Sir Lindsay Parkinson & Co Ltd (1984).
- Muirhead v Industrial Tank Specialists Ltd (1985, 1986).
- Leigh & Sillivan Ltd v Aliakmon Shipping Co Ltd (1986).
- Curran and Another v Northern Ireland Co Ownership Housing Association Ltd and Another (1986, 1987).
- D&F Estates Limited and Others v Church Commissioners for England and others (1988, 1989).
- Murphy v Brentwood District Council (1990, 1991).
- Henderson and Others v Merrett Syndicates Ltd and Others (1994, 1995).
- White v Jones (1995).
- Gable House Estates Ltd v The Halpern Partnership and Another (1995).
[edit] Related articles on Designing Buildings Wiki
Featured articles
Check out some of the best features and news from Designing Buildings as well as key stories from around the web.
New measures to stop people being ripped off
Government to protect families from cowboy builders and aggressive bailiffs.
New Futurebuild showcase brings an innovation-first approach.
National Planning Policy Framework
Understanding the 2026 changes.
ECA's public affairs priorities
Member consultation opens to shape priorities for 2027 to 2030.
Dutyholder responsibilities from 1 July 2026.
Where performance meets practice
The Building Envelope Stage at UKCW Birmingham.
CIAT publishes briefing on planning reforms.
Leaders in Learning for Practice Network
Call for conservation leaders in learning to register interest in new network.
The importance of early engagement
Construction lessons from the Trillium HealthWorks Experience Centre.
Mayors are to be given planning call in powers
Mayors across England will be able to make the most important planning decisions.
The Master Builder: William Butterfield and his times. Book review.
Why construction can't afford to ignore the skills gap.

















