Is the financial loss consequent upon injury to person or to property belonging to the Claimant?
[[Yes->Orthodox rules of recovery apply]]
[[No->Is the financial loss consequent upon property belonging to another?]]Orthodox rules of recovery applyIs the financial loss consequent upon property belonging to another?
[[Yes->No recovery (Spartan Steel, The Aliakmon)]]
[[No->Is the claim based on the defective state of a physical item of property?]]
[[Yes - but Claimant is beneficial owner->Claimant can recover if legal owner is joined (Shell UK v Total UK)]]No recovery (Spartan Steel, The Aliakmon)Is the claim based on the defective state of a physical item of property?
[[Yes->Has the Defendant assumed a responsibility to the Claimant?]]
[[No->Has the Defendant assumed a responsibility to the Claimant?]]Claimant can recover if legal owner is joined (Shell UK v Total UK)Has the Defendant assumed a responsibility to the Claimant?
[[Yes->Claimant recovers (Hedley Byrne v Heller, Henderson v Merrettv, Spring v Guardian Assurance)]]
[[No->No recovery (Murphy v Brentwood, BNL v Playboy)]]
[[No->Claimant recovers (White v Jones)]]
[[Yes->Claimant recovers (Smith v Bush)]]Claimant recovers (Hedley Byrne v Heller, Henderson v Merrettv, Spring v Guardian Assurance)No recovery (Murphy v Brentwood, BNL v Playboy)Claimant recovers (White v Jones). Not at all clear but practical justice prevails.Claimant recovers (Smith v Bush)