Heynike v 00222648 Ltd (Formerly Birlec Limited) & Ors (Fatal Mesothelioma) [2018] EWHC 303 (QB) (22 February 2018)

Heynike v 00222648 Ltd (Formerly Birlec Limited) & Ors (Fatal Mesothelioma) [2018] EWHC 303 (QB) (22 February 2018)

On the evidence, the deceased was not an employee of Birlec but of Lou Brawn. There was no necessity to imply a contract of employment with Birlec, as the agency arrangements and intentions of the parties were clear and not a sham. The statutory duties under the Factories Act and Asbestos Regulations did not extend to Birlec as employer, nor to the factory occupiers in the circumstances. The hazardous conditions arose from specialist contractor work, not from the regular state of the premises. No liability attached to the defendants on the pleaded bases.

Citation
[2018] EWHC 303 (QB)
Parties
Claimant: Francois Maartens Heynike (executor of the Estate of David Hill, deceased); First Defendant: 00222648 Limited (formerly Birlec Limited); Second Defendant: Ministry of Defence; Third Defendant: Special Metals Wiggin Limited
Jurisdiction
England and Wales
Judgment Date
22 February 2018
Procedural Posture
Personal Injury / Fatal Mesothelioma / Employers' Liability / Asbestos Exposure / High Court Trial on Liability Only
Outcome
Claim dismissed
Legal Topics
Employers' Liability, Agency Workers, Asbestos Exposure, Factories Act 1961, Asbestos Regulations 1969, Common Law Negligence, Statutory Duty, Implied Contract of Employment
Tort Law Employment Law Health and Safety Law Employers' Liability Agency Workers Asbestos Exposure Factories Act 1961 Asbestos Regulations 1969 +3 more

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Parties

Francois Maartens Heynike (executor of the Estate of David Hill, deceased)

Claimant

00222648 Limited (formerly Birlec Limited)

First Defendant

Ministry of Defence

Second Defendant

Special Metals Wiggin Limited

Third Defendant

Procedural Posture

Personal Injury / Fatal Mesothelioma / Employers' Liability / Asbestos Exposure / High Court Trial on Liability Only

Legal Issues

  1. 1 Whether the deceased was an employee of Birlec or of Lou Brawn for the purposes of statutory liability
  2. 2 Whether the Factories Act 1961 or Asbestos Regulations 1969 applied to the circumstances of exposure
  3. 3 Whether the work constituted a 'process' under section 63 of the Factories Act 1961

Ratio Decidendi

On the evidence, the deceased was not an employee of Birlec but of Lou Brawn. There was no necessity to imply a contract of employment with Birlec, as the agency arrangements and intentions of the parties were clear and not a sham. The statutory duties under the Factories Act and Asbestos Regulations did not extend to Birlec as employer, nor to the factory occupiers in the circumstances. The hazardous conditions arose from specialist contractor work, not from the regular state of the premises. No liability attached to the defendants on the pleaded bases.

Court Disposition

Claim dismissed

Orders

  • Claim against all defendants dismissed
  • No order as to damages, as liability not established