The High Court has struck out a property owner's tort claim
against an architect's firm, and granted summary judgment to
the firm, pursuant to a finding that the firm did not owe a duty of
care to protect the property from fire damage caused by the
deliberate or careless actions of an unknown third party for whom
the firm was not responsible.
Background
Rushbond PLC ("the Claimant") was the owner of an
unoccupied cinema ("the Property"), which was protected
by an alarm system and lockable doors. An employee of The J S
Design Partnership LLP ("the Defendant") visited the
Property, having been furnished with the key and the code to the
alarm by the marketing agents. During his visit, he left the door
unlocked and alarm de-activated. Upon exiting the building, the
employee re-set the alarm and locked the door. Later that evening,
a fire was started at the Property which caused extensive damage;
the Claimant averred the fire was started by intruders who gained
access
