The claimant was very badly injured at a bonfire organised by the defendants. He had been asked to help with a part of the display, organised by sub-contractors, which exploded as he was filling it.
Held: The nature of the activity to be carried out, the discharge of pyrotechnics as part of a dramatic entertainment, required particular care in the choice of contractor. No proper or sufficient checks had been carried out. Insurance was importance to the issue of reasonable care in the choice of a reasonably competent independent contractor. The 1957 Act did nothing to weaken the effect of the judgment of this court in Honeywill. The club had not done what it ought to have done and was liable.
Judges:
Lord Justice Brooke Lord Justice Clarke Lord Justice Waller
Citations:
[2003] EWCA Civ 1575, Times 13-Nov-2003, Gazette 02-Jan-2004, [2004] PIQR 276
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Honeywll and Stein Ltd v Larkin Brothers Ltd 1934
Slesser LJ said: ‘It is clear that the ultimate employer is not responsible for the acts of an independent contractor merely because what is to be done will involve dangers to others if negligently done. The incidence of liability is limited to . .
Cited – Salsbury v Woodland CA 1970
The defendant had instructed independent contractors to remove a large tree in his garden. When they did so, the plaintiff was injured when the car he was in was fouled in a wire brought down by the tree. The defendant householder appealed against a . .
Distinguished – Ferguson v Welsh HL 29-Oct-1987
The plaintiff sought damages for personal injury. A council had engaged a competent contractor to carry out demolition works. Unknown to the council, the contractor sub-contracted the works to two brothers who worked in a highly dangerous manner. . .
Cited – Gwilliam v West Hertfordshire Hospitals NHS Trust and Others CA 24-Jul-2002
The claimant sought damages. She had been injured after the negligent erection of a stand which was known to be potentially hazardous. The contractor was uninsured, and the claimant sought damages from the Hospital which had arranged the fair in its . .
Cited by:
Cited – Naylor (T/A Mainstreet) v Payling CA 7-May-2004
The claimant was injured by a door attendant employed as an independent contractor by the defendant.
Held: The defendant’s duty in selecting an independent contractor was limited to assessing the competence of the contractor. The duties of . .
Cited – EH Humphries (Norton) Ltd. Thistle Hotels Plc v Fire Alarm Fabrication Services Ltd CA 10-Nov-2006
The sub-contractor’s workman fell through a skylight and died. His employers having settled, obtained contribution orders from the main contractors and building owners who each now appealed.
Held: Whether main contractors were also liable to . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Torts – Other
Updated: 06 November 2022; Ref: scu.187551