“…of “the underlying contract between the parties”. That approach was confirmed in Tyco Fire & Integrated Solutions (UK) Limited v Rolls-Royce Motor Cars Limited [2008] EWCA Civ 286; [2008] Lloyds’s Rep 617, where this court allowed Rolls-Royce’s appeal against the judge’s conclusion that clause 13.5 of the underlying contract meant that t…”
“…lve the provision of a service to the child on which they can be expected to rely (Poole para 78, DFX para 180). "Something more" is required (X v Hounslow LBC [2008] EWCA Civ 286 and DFX para 199). The defendants are "merely operating a statutory scheme" which does not create a common law duty of care (see Stovin and Gorringe).…”