The deceased, a maintenance engineer died after falling through a skylight at work. The court considered the respective liabilities of his employer and the landowner.
Citations:
[2006] EWHC 849 (QB)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Clay v AJ Crump and Sons Ltd CA 1964
An architect, a demolition contractor and a building contractor were each held liable to an employee of building contractors for the collapse of a wall which, with the architect’s approval, demolition contractors had left standing.
Held: As . .
Cited – Mccook v Lobo and others CA 19-Nov-2002
The defendant was the occupier of premises. He did not direct how the work should be done and was not present at the time the work was being performed.
Held: He had not been in control of the relevant work. Judge LJ referred to Regulation 4(2) . .
Cited – 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 – McArdle v Andmac Roofing Co 1967
. .
Cited – Smith v UMB Chrysler (Scotland) Ltd HL 9-Nov-1977
The principles set out in Canada Steamship apply to ‘clauses which purport to exempt one party to a contract from liability’. The principles should be applied without ‘mechanistic construction’.
Lord Keith of Kinkel said: The tests were . .
Cited – Mccook v Lobo and others CA 19-Nov-2002
The defendant was the occupier of premises. He did not direct how the work should be done and was not present at the time the work was being performed.
Held: He had not been in control of the relevant work. Judge LJ referred to Regulation 4(2) . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Negligence
Updated: 05 July 2022; Ref: scu.240441
