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Byrom Street on both sides again


1st July 2021

Darryl Allen QC (instructed by Jeanne Evans of Potter Rees Dolan) represented the Claimant and James Rowley QC (instructed by David Woolley of DWF) the 3rd Defendant, factory occupier, in the recent case of Moreira v Moran et al [2021] EWHC 1800 (QB) – 1 July 2021. 

 

The Claimant succeeded in full against his own employer and the main contractor (both individual joiners, engaged to build an office cabin in small factory premises) after he fell from a height suffering brain injury.  However, David Allan QC (sitting as a Deputy High Court Judge) found for the factory occupier on the basis that although the accident arose out of the state of the premises and the common duty of care under the Occupiers Liability Act 1957 was engaged, the 3rd Defendant was not in breach of that duty having engaged a reasonably competent contractor to carry out the work.  He further held that the 3rd Defendant did not owe a separate common law duty of care to the employee of an independent contractor in all the circumstances.  The case report can be read here.



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