No disagreement — that's where the paper starts, not something it missed. Tulip Trading already put developers in front of the England & Wales Court of Appeal, and the court said both claims — fiduciary duty and negligence — were strong enough to go to trial. The case itself later fell apart, but the door it opened is still open: courts will hear these claims against developers.

Which is exactly why process matters. If a court can look, the question becomes what it finds when it does. A change that clears a careful, documented process gives a negligence claim very little to grab. A change that rushes past red flags writes the plaintiff's brief for them. The framework is the difference between those two.