Midlothian Council v Bracewell Stirling Architects

Commercial contract – Construction – Liability for breaches of contract by third parties. Court of Session: Refusing a reclaiming motion in an action in which a local authority sought damages from three defenders jointly and severally for loss incurred when a social housing development became uninhabitable due to ingress of ground gas from coal mine workings, the court concluded that the commercial judge had not erred in dismissing the action against the first defenders, as the parties' intention, derived from the contractual language used in its context, was not to impose any responsibility on the first defenders for a breach of contract, including negligent actings, by the second and third defenders

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