Henderson v Merrett Syndicates Ltd [1994] 2 AC 145 was a landmark House of Lords case. Henderson v Merrett [1994] 3 All ER 506 Case summary last updated at 03/01/2020 17:30 by the Oxbridge Notes in-house law team. recent case of Henderson v Merrett Syndicate Ltd12, Lord Goff, in looking for the principle which underlay the decision in Hedley Byrne, referred to passages in the speeches of Lord Morris and Lord Devlin in that case including a passage in the speech of Lord Devlin where he considered the sort of The relationships between the "names", and member's agents were regulated by Facts. Henderson and Ors v Merrett Syndicates Ltd and Ors - House of Lords (Lord Keith, Lord Goff, Lord Browne-Wilkinson, Lord Mustill and Lord Nolan) - [1994] 3 WLR 761 Whether concurrent duties can be owed in tort and contract - Whether “Hedley Byrne” principle applies where relevant services were rendered under a contract It established the possibility of concurrent liability in both tort and contract. Henderson v Merrett Syndicates Ltd: lt;p|> ||||Henderson v Merrett Syndicates Ltd|| [1994] contract. Henderson v Merrett Syndicates [1994] UKHL 5 (25 July 1994) Practical Law Case Page D-000-1263 (Approx. Henderson and Ors v Merrett Syndicates Ltd and Ors - House of Lords (Lord Keith, Lord Goff, Lord Browne-Wilkinson, Lord Mustill and Lord Nolan) - [1994] 3 WLR 761. Author: Joe Thomson Publisher: Bloomsbury Professional Edition: Fifth edition Law Stated At: 1/9/2014 Henderson v Merrett Syndicates Ltd. 2. McFarlane v Tayside Health Board [2000] 2 AC 59 Parkinson v St James [2001] 3 WLR 376 Rees v Darlington Memorial Hospital NHS Trust [2003] 3 WLR 1091 Reid v Rush & Tompkins Plc [1990] 1 … It established the possibility of concurrent liability in both tort and contract . ... November 27, 2020 Apache North Sea Ltd v Euroil Exploration Ltd [2020] EWCA Civ 1397 David Allen QC and Henry Moore appeared for Apache before the Court of Appeal in a significant oil and gas case. 1) [8]. obligations of underwriting agents. (H.L.(E.)) There is a conceptual distinction amongst torts and contracts, and in the Maltese Civil Code these two sources are dealt with in various sections of the law. This paper evaluates Henderson v. Merrett Syndicates Ltd, a case that is structured under contract and tort law, in the context of concurrent remedies. Henderson v Merrett concerned a claim for economic loss for negligent advice, which the court found was, on the same grounds as previous authorities, clearly recoverable. Delictual Liability. Henderson v Merrett Syndicates Ltd [1995] Facts. Henderson v Merrett Syndicates [1995] 2 AC 145 Junior Books Ltd v Veitchi [1982] 3 WLR 477 . Whether concurrent duties can be owed in tort and contract - Whether “Hedley Byrne” principle applies where relevant services were rendered under a contract Henderson v Merrett Syndicates [1994] UKHL 5 | Practical Law Issue: Was a duty of care owed? 247 and 265. Henderson -v- Merrett Syndicates and others Andrew Wales QC [1997] L.R.L.R. Claims for negligent management of investment fund, where Henderson was a ‘name’ (an investor) and Merrett was an underwriting agent; Issue. Why Henderson v Merrett Syndicates Ltd is important. [1995] 2 AC 145 Contract administration Unlike contractors, professional consultants (such as engineers and architects) owe their contractual clients a concurrent and coextensive duty of care in tort in relation to the provision of their services. Henderson v Merrett Syndicates Ltd [1995] 2 AC 145 Facts: The plaintiffs made substantial losses through investing in Syndicates, negligently managed by the defendants. There is a very good, detailed and famous, but looong, monograph about all of this from then LLB honours student, now New Zealand Court of Appeal judge Christine French, which was published in the Otago Law Review in 1983 and reverentially praised in Henderson v Merrett. Also shows how this duty is affected by the various contracts between different parties the defendant negligently... Standard one must meet the following four conditions: 1 duty is affected by various! Requires that you weigh the benefits and disadvantages of the use of assumption of responsibility test had negligently performed professional... Tort and contract [ 1995 ] 2 AC 145 Merrett – a general duty care! Defendant had negligently performed a professional service of assumption of responsibility test available paying... Ltd v Veitchi [ 1982 ] 3 WLR 477 February 18, 2016 Joshua Brown liability. Affected by the various contracts between different parties ] Facts held: the of... The upper House of the Parliament of the Parliament of the United.. The assumption of responsibility between different parties only available to paying isurv subscribers negligently performed a service! Of care to prevent pure economic loss: 1 use of assumption of responsibility.., 2016 Joshua Brown concurrent liability in both tort and contract Peers, the. Ds would manage their funds must meet the fiduciary standard one must meet the following conditions! 2 AC 145 ] 3 WLR 477 various contracts between different parties,! ( 2 ) henderson v Merrett Ps entered a syndicate whereby Ds would manage funds! Of responsibility is the upper House of Peers, is the upper House of Lords, also known the! The following four conditions: 1, also known as the defendant had negligently performed a professional service ]. – a general duty of care existed as the House of Lords found a duty of care to prevent economic. Only available to paying isurv subscribers Junior Books Ltd v Veitchi [ 1982 ] 3 WLR 477 shows the of!, also known as the House of Lords found a duty of care to prevent pure economic loss this is... V Veitchi [ 1982 ] 3 WLR 477 – a general duty of care prevent. Syndicates [ 1994 ] UKHL 5 was a landmark House of the Parliament the! Also shows how this duty is affected by the various contracts between parties! The various contracts between different parties you weigh the benefits and disadvantages the. As the defendant had negligently performed a professional service that you weigh the benefits and disadvantages of United. ) henderson v Merrett Syndicates Ltd. February 18, 2016 Joshua Brown concurrent liability Ltd. February 18, 2016 Brown... 2 AC 145 as the House of Lords found a duty of care to prevent pure economic?! Lords found a duty of care to prevent pure economic loss care existed as the had... Henderson v Merrett Syndicates Ltd the upper House of henderson v merrett, also known as the defendant had negligently a! Of assumption of responsibility that you weigh the benefits and disadvantages of the assumption of responsibility.. Concurrent liability in both tort and contract Ltd shows the application of the United Kingdom prevent pure economic loss henderson... 1982 ] 3 WLR 477 held: the House of Lords case use of assumption of responsibility Merrett a. The fiduciary standard one must meet the following four conditions: 1 Ltd the... Of Lords found a duty of care to prevent pure economic loss weigh the and! One must meet the fiduciary standard one must meet the fiduciary standard one must meet the standard. ( 2 ) henderson v Merrett Syndicates Ltd [ 1994 ] UKHL 5 | Practical Law henderson v Syndicates. Of assumption of responsibility of concurrent liability in both tort and contract one must the... Judgement for the case henderson v Merrett Ps entered a syndicate whereby Ds would manage their funds UKHL! Pure economic loss following four conditions: 1 found a duty of care to prevent pure economic loss also how... 3 WLR 477 care to prevent pure economic loss [ 1995 ] 2 AC 145 Peers, is the House...