000 01704cab a22001935a 4500
001 L145574
008 081023e20080820xxk f v 000 0 eng d
035 _a(Sirsi) u145574
041 0 _aeng
245 0 0 _aFosse Motor Engineers Ltd & Ors v Conde Nast and National Magazine Distributors Ltd & Anor
_h[electronic resource]
260 _c2008
520 _a[2008] EWHC 2037 (TCC), 20 August 2008. Clear evidence is needed to establish that a party is the probable, rather than possible, cause of a fire. A claimant warehouse owner (F) claimed damages in negligence against the first defendant tenant (T) and the second defendant employment agency (P) in relation to a fire that had destroyed its warehouse. T had rented part of the warehouse. P employed four agency workers seconded to work for T at the warehouse. F sought to hold T liable for its losses on the basis that the fire had been started by a cigarette discarded by one of the agency workers. The cause of the fire was not established. Held: judgement for the first defendant. It was for F to prove on the balance of probabilities that the fire was caused by the negligence of the agency workers, which it had not. Even if T's workers had caused the fire, the court held that it would not have been liable because discarding a cigarette was nothing to do with the duties of the workers.
590 _aKA
650 2 4 _aFOSSE MOTOR ENGINEERS LTD & ORS V CONDE NAST AND NATIONAL MAGAZINE DISTRIBUTORS LTD & ANOR
651 4 _aEngland and Wales
_y1543-
690 _aMANAGEMENT-HEALTH AND SAFETY-FIRE SAFETY
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/TCC/2008/2037.html
_zView the case free of charge at www.bailii.org...
942 _n0
999 _c80884
_d80884