Pure Economic Loss CASES

In English law, pure economic loss refers to financial losses suffered by a claimant that do not arise from any physical injury to a person or damage to property, often restricting recoverability in negligence claims.

Definition and Principles

Pure economic loss involves financial harm unrelated to physical injury or property damage. Courts are typically cautious about permitting claims to avoid extensive liability and unpredictability.

Common Scenarios

  • Negligent Misstatement: Financial losses resulting from reliance on incorrect professional advice.
  • Loss of Business Profits: Economic losses following negligent acts without physical damage.

Legal Position

Generally, pure economic loss is not recoverable unless specific exceptions apply, notably where a special relationship or duty of care exists (e.g., professional advice contexts).

Practical Importance

Understanding pure economic loss ensures businesses and professionals recognise potential liability limits and encourages clear communication and due diligence.

Lady justice next to law books

White v Jones [1995] UKHL 5

Mr Barratt instructed his solicitors to revise his will to benefit his reconciled daughters, but they negligently delayed and he died before execution. The daughters received nothing under the old will. The House of Lords held, by majority, that the solicitors owed them a tortious duty of care. Facts Mr...

Lady justice next to law books

Murphy v Brentwood DC [1991] UKHL 2

Mr Murphy purchased a house built on a defective concrete raft foundation which had been approved by the council's independent consulting engineers. When cracks appeared and the house became dangerous, he sold it at a loss. The House of Lords departed from Anns v Merton, holding that local authorities owe...