Holt v Payne Skillington & De Groot Collis

Citation: 77 BLR 51; 49 Con LR 99; [1996] PNLR 179

Nature of case:

De Groot Collis (“DGC”) appealed against the trial judge’s decision that it owed a tortious duty to Holt, and was liable as a result of Payne Skillington’s advice to Holt.  DGC argued that, where a contract existed between Payne and Holt, all duties and responsibilities between the parties were limited by either express or implied terms.

Appeal allowed.  While the Court of Appeal held that there was no reason why a duty of care could not be imposed in tort, of wider scope than that in contract, on the present facts no such duty had been made out, as Holt had not acted to his detriment on the advice given.

Counsel

Vincent Moran QC

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