Ferguson v Welsh and others
Language: English Series: All England Law Reports ; (1987) 3 All ER 777-786(10)Publication details: 1987Subject(s): Summary: HL 29 October 1987. The appellant (F) was employed by X on demolition of a building during which an unsafe system of work caused a wall to collapse and F was seriously injured. X had been subcontracted by Y, whose tender had been accepted by the council, despite an express condition of that tender being that the work was not to be subcontracted without the councils authority. F brought an action against X, the subcontractors and the council; damages were agreed at 150,000 but neither defendant had public liability insurance . The judge held that X was liable to F but Y and the council were not because as occupiers of the premises for the purpose of the Occupiers Liability Act 1957 the council had not invited F onto the premises and had not delegated Y to invite him, so that F was not a lawful visitor of the council. F went to the CA for a new trial against Y and the council. A new trial was ordered against Y but not against the council so the appellant applied to the House of Lords.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS38561 (Browse shelf(Opens below)) | 1 | Available | 11254-1001 |
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HL 29 October 1987. The appellant (F) was employed by X on demolition of a building during which an unsafe system of work caused a wall to collapse and F was seriously injured. X had been subcontracted by Y, whose tender had been accepted by the council, despite an express condition of that tender being that the work was not to be subcontracted without the councils authority. F brought an action against X, the subcontractors and the council; damages were agreed at 150,000 but neither defendant had public liability insurance . The judge held that X was liable to F but Y and the council were not because as occupiers of the premises for the purpose of the Occupiers Liability Act 1957 the council had not invited F onto the premises and had not delegated Y to invite him, so that F was not a lawful visitor of the council. F went to the CA for a new trial against Y and the council. A new trial was ordered against Y but not against the council so the appellant applied to the House of Lords.