Source: All England Reporter
Publisher Citation: [2009] All ER (D) 143 (Dec)
Neutral Citation: [2009] EWCA Civ 1329
Court: Court of Appeal, Civil Division
Judge:

Ward, Smith and Rimer LJJ

Representation Andrew Davis (instructed by Morgan Cole) for the claimant.
  Peter Cowan (instructed by Berrymans Lace Mawer) for the respondent.
Judgment Dates: 15 December 2009

Catchwords

Accident - Negligence - Liability - Respondent hiring crane from defendant - Claimant crane operator sustaining injuries - Claimant bringing claim against defendant - Defendant bringing third party proceedings against respondent for indemnity - Judge dismissing defendant's claim - Whether judge erring - Construction (Health, Safety and Welfare) Regulations 1996,

The Case

Accident Negligence. The Court of Appeal, Civil Division, dismissed the defendant's appeal on the basis that the judge had not erred in his interpretation of the model conditions of an agreement between it and the respondent and moreover, the defendant had no valid claim for indemnity.

Practice Areas

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