Biffa Waste Services Ltd and anor v (1) Maschinenfabrik Ernst Hese GmbH (2) Outokumpu Wenmac AB and ors - the limits of vicarious liabiity for "borrowed employee" - [2008] EWCA Civ 1257 on 12.11.08

Biffa engaged Maschinenfabrik ("M") to build a waste plant. M subcontracted the work to Outokumpu ("OT") who in turn subcontracted welders. Due to the welders' negligence a fire broke out. In the High Court Ramsey J concluded that OT was vicariously liable to Biffa for the negligence of the personnel who caused the fire, despite the fact that they were not OT's employees. OT appealed.


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