Makepeace v Evans Brothers (Reading) (A Firm) & Anor [2000] EWCA Civ 171 (23 May 2000)

Makepeace v Evans Brothers (Reading) (A Firm) & Anor [2000] EWCA Civ 171 (23 May 2000)

Main contractor did not owe duty of care to enquire about claimant's competence to use ordinary tower scaffold; responsibility rested with employer; no special circumstances to impose liability on main contractor.

Citation
[2000] EWCA Civ 171
Parties
Appellant: David Paul Makepeace; Employer/defendant: Evans Bros. of Reading; Main Contractor/defendant: Alfred McAlpine Construction Ltd.
Jurisdiction
England and Wales
Judgment Date
23 May 2000
Procedural Posture
Personal Injury Appeal / Appeal From Queen's Bench Division Judgment
Outcome
appeal dismissed
Legal Topics
Duty of Care, Negligence, Liability of Main Contractor, Occupiers Liability Act 1957, Concurrent Liability
Tort Personal Injury Occupiers Liability Duty of Care Negligence Liability of Main Contractor Occupiers Liability Act 1957 Concurrent Liability

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Parties

David Paul Makepeace

Appellant

Evans Bros. of Reading

Employer/defendant

Alfred McAlpine Construction Ltd.

Main Contractor/defendant

Procedural Posture

Personal Injury Appeal / Appeal From Queen's Bench Division Judgment

Legal Issues

  1. 1 Whether main contractor owed duty of care to employee of subcontractor regarding use of tower scaffold
  2. 2 Whether main contractor should have enquired about claimant's competence to use scaffold
  3. 3 Application of Occupiers Liability Act 1957 and common law negligence

Ratio Decidendi

Main contractor did not owe duty of care to enquire about claimant's competence to use ordinary tower scaffold; responsibility rested with employer; no special circumstances to impose liability on main contractor.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs
  • appellant's liability for costs assessed at nil