is an

English tort law English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requi ...

and

UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...

case, which held that a worker can have more than one employer at the same time, who will be vicariously liable for the worker.

Facts

Viasystems Ltd, a printed circuit board manufacturer with two factories in Tyneside, sued for damages for a flood, caused while Thermal Transfer Ltd had installed an air conditioning in their factory on Eldon Street,

South Shields South Shields () is a coastal town in South Tyneside, Tyne and Wear, England. It is on the south bank of the mouth of the River Tyne. Historically, it was known in Roman times as Arbeia, and as Caer Urfa by Early Middle Ages. According to the 20 ...

. Thermal Transfer Ltd subcontracted to S&P Darwell Ltd, which subcontracted to CAT Metalwork Services, which hired young Darren Strang. Darren made ‘a foolish mistake on the spur of the moment’ by climbing down from a roof, where he was sent by his workmate to get fittings, through a duct. He was meant to use crawling boards and roof purlins. The duct collapsed, hit a

sprinkler Sprinkler may refer to: * Irrigation sprinkler, a device for watering lawns or crops * Fire sprinkler, a device for fire suppression * Sprinkler (dance), a dance move See also * * Feynman sprinkler A Feynman sprinkler, also referred to as a F ...

, and flooded the site. Viasystems sued Thermal, S&P Darwell and CAT Metalwork, while Thermal brought an action for contribution against S&P Darwell and CAT Metalwork.

Judgment

The Court of Appeal held that the defendants were jointly and equally liable, and suggested that the entity which most directly employed Darren was liable first. May LJ noted that Prof Atiyah ''Vicarious Liability in the Law of Torts'' (1967) 156 in a chapter called ‘The Borrowed Servant’ suggested that both the general and temporary employer could be considered vicariously liable. After reviewing the history and noting that different jurisdictions diverged (Pennsylvania though in particular allows dual liability) He noted that multiplicity of claims (the old justification) is no longer an impediment in a modern context (at 49). So the control test would be applied and under the

Civil Liability (Contribution) Act 1978 The Civil Liability (Contribution) Act 1978 (c 47) is an Act of the Parliament of the United Kingdom. The Act repealed the relevant common law and made new provision for contribution between persons who are jointly or severally, or both jointly ...

section 2 each of the second and third defendants (S&P Darwell and CAT Metalwork) would be liable in equal share, because they were entitled and obliged to control. He said the following. Rix LJ (at 79-80) thought that the control test would be sufficient, and cited the idea that vicarious liability is a doctrine there because the employer ‘benefits’ (while May LJ spoke of risk spreading, at 55). He noted (at 76) that there was (1) a principle that a servant could not have two masters (2) that there was a danger of a multiplicity of actions. He said the following.

Notes

{{reflist, 2

References

PS Atiyah Patrick Selim Atiyah, (5 March 1931 – 30 March 2018) was an English lawyer and academic. He was best known for his work as a common lawyer, particularly in the law of contract and for advocating reformation or abolition of the law of tort. He ...

, ''Vicarious Liability in the Law of Torts'' (1967) English tort case law Court of Appeal (England and Wales) cases 2005 in United Kingdom case law