Tag Archives: professional negligence

ILN Today Post

The duty to warn – a collapsing obligation?

“This is a sad case” – first line of Mr Justice Akenhead’s judgment

The Claimants, Mr Goldswain and Ms Hale, bought a ground floor flat in 2011 and decided to convert the basement into living accommodation by increasing its depth. They hired Beltec, engineers, to design the structural works and a contractor to carry out the works, which took place from September 2012. On 24 November 2012, the Claimants noticed cracks in their bedroom and later that day tenants in the upper flat complained of serious cracking in their flat. The building was evacuated in rather a hurry and it began to tilt, crack and collapse in on itself: the local council later demolished the property as a dangerous structure. There had been a failure to provide any propping to resist the loads being placed on the basement walls and the specified sequence of works had been ignored.

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ILN Today Post

Recent developments of interest to trust practitioners

The Supreme Court has been busy. Two final appeals in matters of interest to trust practitioners have been heard in the past few weeks. Judgment is awaited on the appeals in Petrodel Resources Limited & others v Prest & others (1) and the conjoined appeals in Pitt v Holt and Futter v Futter (2). The note below should whet the appetite for those judgments. More…

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ILN Today Post

BIM – Let’s embrace progress

To improve is to change; to be perfect is to change often, or so said the nation’s favourite Briton, Sir Winston Churchill. Advances in computer technology have dramatically changed the way we work and live. However, technologies in construction have fallen behind other industries. This may be because, unlike manufacturing, construction operations are rarely performed in a fixed sequence or at a fixed location. One only has to look at the aeronautical and motor industries to see how the use of three dimensional computer technologies has driven progress; the same cannot be said in construction. With the advent of Building Information Modelling (BIM) this imbalance has been tackled head on.

The term BIM should now be familiar to all of us. To recap, it comprises the use of three dimensional, real time, dynamic, building modelling software to increase proactivity in the design, construction and operation stages of a construction project. More…

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