Double your risk
Rees, Peter
Double your risk - 2005 - Building 270(8405) 4 November 2005, 66-67(2) .
Describes and comments upon "Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd and others" ([2005] EWHC Civ1151, L131411), where it was held that two parties were equally vicariously liable for flooding caused by the negligence of a fitter's mate, reversing a long-held assumption that an employer cannot be liable for the negligence of independent contractors. There are significant implications for the construction industry. The decision will almost certainly result in multiple defendants being involved in future cases, and therefore much more detailed subcontracts and sub-subcontracts will be required, setting out the basis of responsibility and contributions between the parties.
VIASYSTEMS (TYNESIDE) LTD V THERMAL TRANSFER (NORTHERN) LTD
Double your risk - 2005 - Building 270(8405) 4 November 2005, 66-67(2) .
Describes and comments upon "Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd and others" ([2005] EWHC Civ1151, L131411), where it was held that two parties were equally vicariously liable for flooding caused by the negligence of a fitter's mate, reversing a long-held assumption that an employer cannot be liable for the negligence of independent contractors. There are significant implications for the construction industry. The decision will almost certainly result in multiple defendants being involved in future cases, and therefore much more detailed subcontracts and sub-subcontracts will be required, setting out the basis of responsibility and contributions between the parties.
VIASYSTEMS (TYNESIDE) LTD V THERMAL TRANSFER (NORTHERN) LTD