Forum

About the Landscape Juice Network

Founded in 2008. The Landscape Juice Network (LJN) is the largest and fastest growing professional landscaping and horticultural association in the United Kingdom.

LJN's professional business forum is unrivalled and open to anyone within within the UK landscape industry

LJN's Business Objectives Group (BOG) is for any Pro serious about building their business.

For the researching visitor there's a wealth of landscaping ideas, garden design ideas, lawn advice tips and advice about garden maintenance.

PRO

I thought I'd re-post this historical case as its re-surfaced this week after going to the court of appeal.

The Court of Appeal has upheld an earlier decision by the Technology and Construction Court (TCC) in Lejonvarn v Burgess. It found that a friend (Levonjarn), who provided free advice to the Burgesses on a landscaping project did owe a duty of care in tort relating to various services provided. 

The court listed a number of services carried out by the defendant which were deemed to constitute professional services. The below list should therefore act as a warning to a party undertaking the same or similar services gratuitously and / or in lieu of a contract.

If a party is carrying out any of the below professional services, it is likely that such a party will owe a duty of care to exercise reasonable skill and care not to cause economic loss:

  • Project management, including directing, inspecting and supervising the contractors' work, its timing and progress.
  • Preparing designs to enable a project to be priced sufficiently to allow a firm budget estimate to be prepared.
  • Preparing designs to enable a project to be constructed.
  • Receiving applications for payment from a contractor / contractors, and advising and directing an employer in respect of these payments.
  • Exercising cost control by preparing a budget of works, and overseeing actual expenditure against it.

Consider the context of any gratuitous professional services being given:

  • Have they been voluntarily tendered?
  • Are they provided in a ‘professional context and on a professional footing’, rather than an informal or social one?
  • Is there an obvious relationship of proximity between the parties?
  • Are you aware or ought to be aware that such services are likely to be relied upon?
  • Is it foreseeable that losses would arise from a failure by a party to exercise reasonable skill and care in the provision of these services?
  • Is this ad-hoc advice or lengthy work involving considerable input and commitment from the parties?
  • Will 'payment’ take the form of a fee for services at a later phase of the works?

See the case notes: https://www.burges-salmon.com/news-and-insight/legal-updates/favours-for-friends-do-you-owe-them-a-duty-of-care/

You need to be a member of Landscape Juice Network to add comments!

Join Landscape Juice Network

Replies

  • PRO

     https://www.burges-salmon.com/news-and-insight/legal-updates/favour...

    Favours for friends do you owe them a duty of care
    In the case of Lejonvarn v Burgess, the Court of Appeal examined whether a party has a duty of care when providing professional advice to friends.
  • PRO
    Can a friend who provided services for free be sued?

    https://www.buckles-law.co.uk/site/library/new_construction_news_se...

    Can a friend who provided services for free be sued? - Buckles Solicitors  
    It is not uncommon for professionals to be asked to help or advise friends, acquaintances and neighbours. However, sometimes things go wrong; if the…
  • PRO

    Stephenson Harwood successfully defends client's professional negligence claim
    https://www.shlegal.com/news/stephenson-harwood-successfully-defend...

    Stephenson Harwood successfully defends client's professional negligence claim
    Law firm Stephenson Harwood LLP has advised Mrs Basia Lejonvarn in successfully defending a professional negligence claim brought against her.
  • PRO

    In my view, even if it's an informal engagement, all correspondence should be maintained via email with terms of engagement set out at all times.

    Just putting in a simple line, like, 'I am happy to assist and provide ideas but you shall remain in overall control, including decisions on finance and design ideas, at all time' can provide significant safeguards in the event of a dispute.

This reply was deleted.

Industry Jobs

Maintenance gardener

We are looking for a full time maintenance gardener to join our busy team. We deal solely with private, top end gardens in the Richmond area of South West London. Applicant must have a working knowledge of common garden plants and experience with the usual maintenance tools. A driving licence is preferred. Applicant must be

Grounds Maintenance Operative

Experience grounds staff required for maintenance work, part of a mobile team working across locations throughout Wiltshire. We have a vacancy in our grounds maintenance department for an experienced grounds maintenance team member. Our grounds staff work on contracts throughout Wiltshire and Hampshire completing a wide and interesting range of work. Whilst at this time

Landscape Assistant

Slate Grey Design is recruiting for an experienced landscape assistant to join its experienced and hard working team producing high end gardens in and around Tunbridge Wells and surrounding areas. This is a fantastic opportunity for the right person to be part of a growing business. The ideal candidate will have some experience in both

Hard Landscaper

Slate Grey Design is recruiting for an experienced hard landscaper to join its experienced and hard working team producing high end gardens in and around Tunbridge Wells and surrounding areas. This is a fantastic opportunity for the right person to be part of a growing business. The ideal candidate will be experienced and/or qualified in

Business Objectives Group (BOG)

Latest blog post

PRO Supplier

Harry Legge-Bourke, custodian, managing partner and trustee of the Glanusk Estate, believes that the Etesia Attila 98X ride-on brushcutter has exceeded all expectation at the truly prestigious venue.

Situated in the beautiful countryside…

Read more…

Trade green waste centres

If you've received help from the Landscape Juice Network and you'd like to say thank you, why not make a small donation?

The site is maintained as an indpendent industry resource and it's become an essential tool for those working in the landscape industry.

Thank you

Phil Voice

Founder Landscape Juice

Make a donation

LJN Sponsor

Advertising

Blogs

PRO Supplier

Harry Legge-Bourke, custodian, managing partner and trustee of the Glanusk Estate, believes that the Etesia Attila 98X ride-on brushcutter has exceeded all expectation at the truly prestigious venue.

Situated in the beautiful countryside…

Read more…
PRO Supplier

Stuart Hogg, Course Manager at The West Lancashire Golf Club, believes that ICL’s H2Pro TriSmart provides him with everything he requires from a wetting agent.

Founded in 1873 and featured in the top 100 golf courses in Great Britain,…

Read more…