In this article, Neil Beynon considers one of his own professional negligence cases which proceeded to proof and judgement. Counsel was instructed on behalf of the Pursuer by Allan Black & McCaskie and Edinburgh agents, Drummond Miller.

While most professional liability proofs which proceed in the Court of Session concern allegations of clinical negligence, Christies Parks Ltd v Scottish Water [2016] CSOH 155 was a case of alleged professional negligence by construction professionals. The opinion of Lord Clark which, in substance, upheld the Pursuer’s claim, offers a valuable guide as to how best to identify and determine the critical issues of fact, causation, liability and quantification in a claim for damage to heritable property where construction and professional negligence is alleged.