Abstract
In British Telecommunications plc v James Thomson & Sons Ltd,1 the defender and respondent was a subcontractor engaged to carry out steel work under a contract between the main contractor and BT for the refurbishment and repair of a telephone switching station in Glasgow. In the execution of the work, a fire started in circumstances averred by BT to import fault to Thomson and its servants. BT raised an action in negligence against Thomson, which was dismissed as irrelevant both by the Lord Ordinary2 and the majority of the Second Division of the Inner House of the Court of Session.3 BT appealed to the House of Lords, where it was unanimously held that Thomson did come under a duty of care to BT. The decision raises a number of issues related to the interaction of delictual and contractual remedies.
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