Coope and others v Ward and another

Negligence – Duty to take care. A wall dividing the claimants' and the defendants' gardens collapsed. The claimants brought proceedings. The judge ordered, inter alia, that the parties owed to each other a measured duty of care in respect of the consequences attendant upon the collapse of the wall and that, in respect of any engineering or other solution which might be devised to deal with the consequences, the contribution of the defendants was to be a rateable proportion of the cost of such solution. The Court of Appeal, Civil Division, in allowing the defendants' appeal, held that, in the circumstances, the judge had been entitled to have found that there had been measured duties of care on both sides, but it had not been just and reasonable to have imposed on the defendants a liability to contribute to the cost of some unspecified engineering solution.

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