recognised leaders in the development of the law of negligence
This was a professional liability case brought by the owners of a “leaky building”. We acted for the council on an appeal from a judgment of the High Court to the Court of Appeal. The owners purchased the leaky building in 2009 and we argued that they did not take adequate steps to protect themselves at a time when there was knowledge amongst purchasers of the “leaky building crisis”. The court agreed and damages were reduced to account for the plaintiff’s contributory negligence. It is the highest deduction to be made in a “leaky building” case that proceeded to trial in the high court. The judgment saved the council 40% of the amount sought.