The Weekly Law Reports
[2009] 3 WLR 324
Court of Appeal
Biffa Waste Services Ltd and another v Maschinenfabrik Ernst Hese GmbH and others
[2008] EWCA Civ 1257
2008 Oct 29,
30;
Nov 12
Nov 12
Sir Anthony May P, Rimer, Stanley Burnton LJJ
Negligence— Extra-hazardous acts— Delegation to independent contractor— Fire caused by negligence of independent contractor’s employees during welding operation— Whether operation to be carried out by independent contractor exceptionally dangerous whatever precautions taken— Whether employer liable
Vicarious liability— Employment— Negligence— Defendant contracting with claimant to design and build mill at waste recycling plant— Defendant hiring independent contractor to carry out site work— Fire caused on site by negligence of independent contractor’s employees— Whether independent contractor’s employees to be treated as having temporarily become employees of defendant— Whether defendant liable for negligent acts