The coming year could see parties pursue more tortious claims in
the courts
When pursuing a potential breach of contract in construction
cases, economic torts have not typically been the first port of
call for a chosen course of action. Economic tort claims (raised
where a defendant has caused intentional harm to business interests
likely to result in economic loss) have tended to be made where
there is no other foundation for a claim and, due to their high
evidential burden, are uncommon. This is especially relevant in a
construction context following Thomas & Anor v Taylor Wimpey
[2019], which effectively narrowed the avenues to claim for pure
economic loss by finding Lord Bridge's dictum in Murphy v
Brentwood - that a claim can be brought in negligence to recover
the cost of obviating potential danger caused by a defect - to be
unsubstantiated.
