May 10th, 2024 by James Goudie KC

In SHAMSAN v LOWNDES SQUARE MANAGEMENT COMPANY ( 2024 ) EWCA Civ 436 it was Lowndes’ contractual responsibility to engage managing agents for a building, and they would provide appropriate services. It was NOT Lowndes’ contractual responsibility to provide those services itself.

The managing agents were independent contractors. They could not be liable for negligence by the managing agents. Recent developments in the law of VICARIOUS LIABILITY do NOT undermine the distinction between liability for the acts of an employee and non-liability for acts of an independent contractor.

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