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`Pure' economic loss is economic loss unaccompanied by damage or injury. The English courts have always found pure economic loss problematic. Their tendency to reject claims to recover pure economic loss probably stem more from policy, rather than logical, considerations. The problem is that holding someone liable for pure economic loss may lead to damages completely beyond the scale of the fault. Moreover, it is often difficult to assess how much economic loss has really been suffered. The high-point for claimants for pure economic loss was probably the decision in AnnsVMerton1977, but since then the courts have gradually retreated to a more conservative position. The low-point of liability, in recent years, is probably MurphyVBrentwoodDC1990, which flatly states that Anns was wrongly decided. According to Murphy, pure economic loss is prima facie_ unrecoverable, unless the relationship between the claimant and the defendant can be brought within the principle of HedleyByrneVHeller1963. However, more recently still we have seen cases such as WhiteVJones1995 which tends to suggest that the Hedley Byrne principle is wide enough to encompass situations where the claimant and the defendant are unknown to each other. It is not clear, at least to me, how these recent cases sit alongside Murphy.
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