Lees v Dunkerley Brothers: HL 3 Nov 1910

A workman was injured while at work owing to the negligence of two fellow-servants. The employers became liable to pay him compensation, and claimed to be indemnified by the fellow-servants, as liable to pay damages under ‘a legal liability in some person other than the employer’ to pay damage in respect of the injury. Held that the fellow-servants’ negligence constituted legal liability in terms of the Act, and that the doctrine of collaborateur did not affect the liabilities of servants inter se.

Citations:

[1910] UKHL 724

Links:

Bailii

Statutes:

Workmen’s Compensation Act 1906 6

Jurisdiction:

England and Wales

Employment, Negligence, Personal Injury

Updated: 25 April 2022; Ref: scu.619802