THE PALACE OF JUSTICE CIVIL APPEAL NO. P-02-2074-2011 ...

‘neighbourhood’ and that the situation should be one in which the court
considers it fair, just and reasonable and that the law should impose a
duty of a given scope upon the one party for the benefit of the other.
In the House of Lords case of Barret v Enfield London Borough
Council [2001] 2 AC 550 (HL(E)) Lord Browne-Wilkinson said:
In English law the decision as to whether it is fair, just and reasonable to
impose a liability in negligence on a particular class would-be defendants
depends on weighing in the balance the total detriment to the public
interest in all cases from holding such class liable in negligence as against
the total loss to all would be plaintiffs if they are not to have a cause of
action in respect of the loss they have individually suffered.
Now, having gone through the case law, let us revert to the facts of
the present case.
In the present case, it is our judgment that, considering the facts of
our case and the judicial authorities (none of which is on all fours with
the facts of the present case), it would not be just and reasonable to
impose a duty of care on the defendants/architects to ensure that
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