LIST OF CASES / Moon v Garrett CA 2006

[2006] EWCA Civ 1121 on 28th July 2006, reported at [2007] ICR 95

NOTES

Moon v Garrett & ors, [2006] EWCA Civ 1121 reported at [2007] ICR 95 (2006 July 11 and 28, Waller, Jacob LJJ and Sir Peter Gibson)

The full judgment in this case is available free of charge on the BAILII website

Representation:-

Selena Plowden instructed by Davies and Partners, Solicitors, for Mr Moon

Glyn Edwards instructed by Lyons Davidson, Solicitors, for Mr Garrett

Authority for the proposition that:-

an employer who finds himself liable for an injury suffered by an employee working on a 3rd party's site may be able to claim a contribution from the 3rd party, pursuant to the duty of care imposed by the Occupiers' Liability Act 1957 and/or (for example) by the Construction (Health, Safety and Welfare) Regulations 1996, SI 1996/1592. However this will depend on whether it would be fair and reasonable in all the circumstances to expect the 3rd party to be liable.

For relevant general notes see Health and Safety at work/civil liability .

FINISH>
prepared May2008