Biffa Waste Services Ltd & Anor v Maschinenfabrik Ernst Hese GmbH & Ors [2008] EWCA Civ 1257 (12 November 2008)

Biffa Waste Services Ltd & Anor v Maschinenfabrik Ernst Hese GmbH & Ors [2008] EWCA Civ 1257 (12 November 2008)

Outokumpu Wenmac AB was not vicariously liable for the negligence of Pickfords' employees as borrowed employees because OT did not exercise control over the manner of their work, and Pickfords' welders remained independent contractors. However, OT was liable for the negligence of Pickfords under the ultra-hazardous activity rule, as welding and grinding in the presence of combustible material constituted inherently dangerous operations imposing a non-delegable duty.

Citation
[2008] EWCA Civ 1257
Parties
Claimant/respondent: Biffa Waste Services Limited; Claimant/respondent: Biffa Leicester Limited; First Defendant: Maschinenfabrik Ernst Hese GMBH; Second Defendant/appellant: Outokumpu Wenmac AB; Third Party: Vanguard Industrial Ltd t/a Pickfords Vanguard; Fourth Party: Hese Umwelt GmBH
Jurisdiction
England and Wales
Judgment Date
12 November 2008
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; vicarious liability finding reversed, ultra-hazardous liability affirmed.
Legal Topics
Vicarious Liability, Non Delegable Duties, Negligence, Ultra Hazardous Activities, Independent Contractor Liability
Tort Law Construction Law Vicarious Liability Non Delegable Duties Negligence Ultra Hazardous Activities Independent Contractor Liability

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Parties

Biffa Waste Services Limited

Claimant/respondent

Biffa Leicester Limited

Claimant/respondent

Maschinenfabrik Ernst Hese GMBH

First Defendant

Outokumpu Wenmac AB

Second Defendant/appellant

Vanguard Industrial Ltd t/a Pickfords Vanguard

Third Party

Hese Umwelt GmBH

Fourth Party

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Is Outokumpu Wenmac AB vicariously liable for the negligence of Pickfords' employees as borrowed employees?
  2. 2 Is Outokumpu Wenmac AB liable for the negligence of its independent contractor under the ultra-hazardous activity rule?

Ratio Decidendi

Outokumpu Wenmac AB was not vicariously liable for the negligence of Pickfords' employees as borrowed employees because OT did not exercise control over the manner of their work, and Pickfords' welders remained independent contractors. However, OT was liable for the negligence of Pickfords under the ultra-hazardous activity rule, as welding and grinding in the presence of combustible material constituted inherently dangerous operations imposing a non-delegable duty.

Court Disposition

Appeal allowed in part; vicarious liability finding reversed, ultra-hazardous liability affirmed.

Orders

  • Judgment for claimants against Outokumpu Wenmac AB for damages to be assessed under ultra-hazardous activity liability.
  • No vicarious liability for Outokumpu Wenmac AB regarding Pickfords' employees.