Biffa Waste Services Ltd & Anor v Maschinenfabrik Ernst Hese GmbH & Ors

Biffa Waste Services Ltd & Anor v Maschinenfabrik Ernst Hese GmbH & Ors

OT was not vicariously liable for the negligence of Pickfords' employees because OT did not have the requisite control over the manner in which the welding was performed, and the employees remained under the supervision of their own foreman and HU. The doctrine of liability for ultra-hazardous acts did not apply because welding, as such, is not inherently ultra-hazardous, and the factors making it dangerous were not OT's responsibility. The principle in Honeywill v Larkin is anomalous and should be applied only in truly exceptional cases, which did not include the present facts.

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 / Appeal From Judgment of Technology and Construction Court
Outcome
Appeal allowed; claim against OT dismissed
Legal Topics
Vicarious Liability, Non Delegable Duties, Negligence, Liability for Independent Contractors, Ultra Hazardous Activities
Tort Law Construction Law Vicarious Liability Non Delegable Duties Negligence Liability for Independent Contractors Ultra Hazardous Activities

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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 / Appeal From Judgment of Technology and Construction Court

Legal Issues

  1. 1 Whether OT was vicariously liable for the negligence of Pickfords' employees as borrowed employees
  2. 2 Whether OT was liable for the acts of Pickfords under the doctrine of liability for ultra-hazardous activities

Ratio Decidendi

OT was not vicariously liable for the negligence of Pickfords' employees because OT did not have the requisite control over the manner in which the welding was performed, and the employees remained under the supervision of their own foreman and HU. The doctrine of liability for ultra-hazardous acts did not apply because welding, as such, is not inherently ultra-hazardous, and the factors making it dangerous were not OT's responsibility. The principle in Honeywill v Larkin is anomalous and should be applied only in truly exceptional cases, which did not include the present facts.

Court Disposition

Appeal allowed; claim against OT dismissed

Orders

  • Biffa's claim against OT is dismissed