Source: All England Reporter
Publisher Citation: [2001] All ER (D) 303 (Nov)
Court: Queen's Bench Division
Judge:

Garland J
Representation Christian du Cann (instructed by Badhams) for A Ltd.
  Howard Palmer QC (instructed by Watmores) for S Ltd.
Judgment Dates: 21 November 2001

Catchwords

Indemnity - Construction of indemnity clause - Indemnity against consequences of own negligence - Indemnity reproduced in back to back subcontract - No nexus between claimant's injury and subcontract work - Defendant seeking indemnity under main contract - Indemnifier seeking indemnity under subcontract - Whether indemnity extending to circumstances where no nexus between injury and work under subcontract - Whether indemnity extending to claim for indemnity by indemnifier.

The Case

In an action for damages, the claimant was injured while employed by the second Pt 20 defendant on an oil rig occupied by the defendant. The defendant was indemnified under a contact with the first Pt 20 defendant who sought to be indemnified under a back to back subcontract with the second Pt 20 defendant. It was held that under the terms of the subcontract, the second Pt 20 defendant was liable to indemnify the first Pt 20 defendant, even though the cause of the claimant's injury was wholly unconnected with work under that subcontract.

Practice Areas

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