French (AP) v Kerr McGee Oil (UK) Plc & Ors [1998] ScotCS 98 (11 December 1998)

French (AP) v Kerr McGee Oil (UK) Plc & Ors [1998] ScotCS 98 (11 December 1998)

The Agreement does not preclude the third party from supplying the services of someone who is not their own employee; no breach of contract occurred by providing the pursuer's services; the adequacy of the defenders' pleadings regarding the pursuer's status is insufficient and must be addressed before determining the application of the indemnity clause.

Citation
[1998] ScotCS 98
Parties
Pursuer: Nickolas David French (A. P.); Defenders: Kerr McGee Oil (UK) PLC and Others; Third Party: Hi-tec Engineering Ltd
Jurisdiction
Scotland
Judgment Date
11 December 1998
Procedural Posture
Civil Personal Injury / Contractual Indemnity / Procedure Roll Hearing (interlocutory)
Outcome
Case continued for further discussion; no final determination on indemnity clause; defenders allowed to amend pleadings.
Legal Topics
Indemnity Clauses, Sub Contracting, Employer Employee Relationship, Occupiers' Liability
Contract Law Personal Injury Employment Law Indemnity Clauses Sub Contracting Employer Employee Relationship Occupiers' Liability

Case Brief

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Parties

Nickolas David French (A. P.)

Pursuer

Kerr McGee Oil (UK) PLC and Others

Defenders

Hi-tec Engineering Ltd

Third Party

Procedural Posture

Civil Personal Injury / Contractual Indemnity / Procedure Roll Hearing (interlocutory)

Legal Issues

  1. 1 Whether the third party breached contract by providing services of a non-employee
  2. 2 Whether the indemnity clause applies to the pursuer's injury
  3. 3 Whether the third party is personally barred from denying employment relationship

Ratio Decidendi

The Agreement does not preclude the third party from supplying the services of someone who is not their own employee; no breach of contract occurred by providing the pursuer's services; the adequacy of the defenders' pleadings regarding the pursuer's status is insufficient and must be addressed before determining the application of the indemnity clause.

Court Disposition

Case continued for further discussion; no final determination on indemnity clause; defenders allowed to amend pleadings.

Orders

  • Case put out on the By Order roll for further discussion.
  • Defenders given opportunity to make appropriate averments regarding pursuer's status.