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Extra-hazardous acts - Where do we go after 'Biffa Waste'?

Paper number
D104

Ben Patten

October 2009

A paper presented to a meeting of the Society of Construction Law in London on 8th September 2009.

Very few construction activities give rise to as many property damage claims as welding. Often, the careless welder is insolvent and uninsured. The owner of the damaged property may attempt to recover its losses from those who engaged the welder and/or directed him. In Biffa Waste the Court of Appeal emphasised the very narrow limits within which it will be possible to contend that a party who 'borrows' an employee will be vicariously liable for the torts of that employee. When, if ever, will someone who uses labour employed by others be liable for the torts of those borrowed employees? Does it make a difference if the employee's work was 'extra hazardous'? Ben Patten looks at the case law prior to Biffa Waste, and the effect of that decision.

Extra-hazardous acts - Biffa Waste - Extra-hazardous acts after Biffa Waste - A new approach?

Ben Patten is a barrister, practising from Four New Square Chambers London, and he was counsel for Biffa in the Court of Appeal; he is also author of Professional Negligence in Construction (Taylor & Francis Ltd, London 2003).

Text 13 pages.