Can a duty of care be owed to a non-existent party?

By Simon Lewis2020-09-03T05:00:00

Simon Lewis examines a case that clarifies the rules on when a duty of care can be owed to third parties

As is well known, a professional such as an engineer or architect can owe a duty of care in tort (that is, not based upon a contractual relationship) to a third party. The precise circumstances in which such a duty of care arises are obviously heavily fact-specific, but some general guidelines have been established in a number of legal cases. What is the position, however, if the third party who relies on the work supplied by the professional does not in fact exist at the time the work was supplied? This interesting issue, and a review of the principles establishing the existence of a duty of care in these circumstances, was recently considered in Valley Brook Investments Ltd and Another vs Huam Ltd [2020] EWHC.

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