Jose v MacSalvors Plant Hire Ltd [2009] EWCA Civ 1329 (15 December 2009)

Jose v MacSalvors Plant Hire Ltd [2009] EWCA Civ 1329 (15 December 2009)

Clauses 8 and 13 of the CPA Model Conditions do not entitle the Owner to indemnity from the Hirer for injuries to the Owner's employee caused by the Owner's own negligence or breach of statutory duty, as the clauses do not expressly or unequivocally cover such liability and binding authority precludes such an interpretation.

Citation
[2009] EWCA Civ 1329
Parties
Claimant: Thomas Henry Jose; Appellant/owner: MacSalvors Plant Hire Ltd; Respondent/hirer: Brush Transformers Limited
Jurisdiction
England and Wales
Judgment Date
15 December 2009
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Indemnity Clauses, Exclusion of Liability, Construction of Contract Terms, Negligence, Breach of Statutory Duty, Vicarious Liability
Contract Law Tort Law Indemnity Clauses Exclusion of Liability Construction of Contract Terms Negligence Breach of Statutory Duty Vicarious Liability

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Parties

Thomas Henry Jose

Claimant

MacSalvors Plant Hire Ltd

Appellant/owner

Brush Transformers Limited

Respondent/hirer

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the hirer is liable to indemnify the owner for injuries to the owner's employee under the CPA Model Conditions clauses 8 and 13 when the injury was caused by the owner's own negligence or breach of statutory duty
  2. 2 Whether the indemnity clause covers the owner's own negligence or breach of statutory duty

Ratio Decidendi

Clauses 8 and 13 of the CPA Model Conditions do not entitle the Owner to indemnity from the Hirer for injuries to the Owner's employee caused by the Owner's own negligence or breach of statutory duty, as the clauses do not expressly or unequivocally cover such liability and binding authority precludes such an interpretation.

Court Disposition

Appeal dismissed

Orders

  • Owner's claim for indemnity against Hirer dismissed
  • Judgment of the County Court affirmed