This was an appeal against a Technology and Construction Court decision that Ove Arup was in breach of a design agreement by failing to design certain foundations with due care and skill and by failing to verify certain design assumption upon which the design was based.

The issues were whether the judge was wrong to hold that Arup had a duty under the design agreement to verify the design information, whether Arup was in breach of any such duty, and whether the judge's decision as to the causation of the failure of the foundations was wrong.