Turf wars – scoping the limitations of a professional’s obligations when working for free

This article considers the matter of Burgess & Anor v Lejonvarn [2018] EWHC which followed the Court of Appeal decision in 2017 confirming that a duty of care could arise where professional assistance was provided free of charge (Formal Borders? Landscaping the Duty of Care in the absence of contract).

A £200,000 claim for negligence was made against the Defendant, Ms Lejonvarn, a professional (non-UK practising) architect.  Giles Tagg and Jon Quirk of Beale & Co discuss the TCC’s decision on this matter which will provide comfort to professionals who have previously given ad-hoc advice with no contract. The decision also contains useful guidance for architects and contract administrators as to what the law expects their supervisory duties to entail, particularly where third party contractors have failed to meet the standards to be expected.