URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21: a less tortuous path to a just outcome?

Part of the 'Scotify' series. The English UKSC case of URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21 is analysed with reference to the principles of the law of Scotland. It is noted that there is positive Scots authority to suggest that the law of delict could allow the Scottish courts to arrive at the same outcome in that case. However, though the case of Lord Advocate v Rodgers 1978 S.L.T. (Sh. Ct.) 31, and issues of post-Grenfell policy, suggest that the law of delict is equipped to fulfil the same role as did the English law of tort in URS, the case note suggests that the Scots law of negotiorum gestio and unjustified enrichment are more appropriate vehicles for dealing with URS-like cases. Consequently, it is argued that Scots lawyers should not overlook the importance of the wider law of obligations in dealing with cases which, in the Common law world, are handled as either tortious or contractual.