Murphy v Brentwood raised two other possible situations where pure economic loss might be recovered, though these are obiter comments.

1. Adjoining Occupiers – if the latent defect in the claimant’s property is posing a threat to a neighbour’s land or property, then the costs of repairs may be recoverable. Such actions are usually in nuisance rather then negligence.

2. Complex Structure Theory – where a sub-contractor has installed a defective part of the premises that has caused damage to the rest of the building, Lord Bridge suggested that the other part of the building affected could be regarded as ‘other property’ and, therefore, recovery would be possible on the basis of normal principles of physical damage and economic loss consequent upon physical damage. The theory itself originated in D & F Estates Ltd (see 5.4.3). The possible application of this theory was discussed in Jacobs v Moreton (1996) 72 BLR 92, Current Law, February 1996 180.