In The Case Files we look back at notable court cases over the last 150 years - and discover how Brodies lawyers through the ages have played their part in key legal moments over that time.
In each episode, we talk to Brodies' modern-day legal experts to discover how their predecessors helped shape the way the law is applied today.
In this episode, host David Lee is joined by partner Craig Watt and associate David Ford from Brodies Advocacy team to look at the limits of foreseeability in the duty of care owed to neighbours in the case of Maloco v Littlewoods Organisation Ltd.
Brodies acted for Mr Angelo Maloco, owner of Maloco's Café in Dunfermline which was adjacent to the Regal Cinema in the historic Fife town. Littlewoods had bought the cinema to demolish it and build a supermarket on the site and work had been undertaken to strip the cinema of its seats and other fittings to prepare it for demolition.
However, before the cinema could be demolished, it was destroyed by fire. The question was, who was responsible for the damage caused to surrounding buildings and could it have reasonably been foreseen?
You can also read David Ford's accompanying insight article Vacant property and the owner's responsibilities and keep up to date with the latest insight articles on our Advocacy by Brodies webpage.
Contributors
Partner & Solicitor Advocate
Senior Associate & Solicitor Advocate