ABSTRACT

Mr Carlisle QC for the appellant defendants, advanced two grounds for the striking out of the negligence claim. First, he submitted that, given the statutory backcloth to the advice given by Mr Evans on which the negligence claim is based, the defendants did not owe the plaintiff a common law duty of care to avoid economic loss to his business. Second, he submitted that Mr Evans, in giving his advice to the Councils, was entitled to the immunity from suit accorded to witnesses in legal proceedings. A third ground, raised in the course of the hearing, is that the negligence action represents an impermissible attempt by the plaintiff to re-litigate the issues which were decided against him by the industrial tribunal.