LIST OF CASES / Makepeace v. Evans Brothers (Reading) & anor CA 2001

[2001] ICR 241, Court of Appeal

NOTES

Makepeace v. Evans Brothers (Reading) and Another [2001] ICR 241, CA (2000 Apr 3 and May 23, Nourse, Mantell L.JJ and Holman J.)

the full text of this CA judgment is available free of charge on the BAILII website

Representation:

David Foskett QC and David Evans instructed by Field Seymour Parkes appeared for the Appellant

Dermod O'Brien QC and Stephen Archer instructed by Kennedys appeared for the Respondent

An example of a case in which:-

the Court of Appeal refused to find a main-contractor liable in negligence to an employee of a sub-contractor who was injured using a scaffold tower owned by the main-contractor. The employee was held to be 25 per cent responsible himself, the employer 75 per cent responsible and the site occupier had no liability at all.

For relevant general notes see Health and Safety at work/apportionment of damages .

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prepared Dec2008