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26 November 2021
Patrick Limb QC and Andrew Lyons Appear This Week in the Court of Appeal in Chell v Tarmac

Patrick Limb QC and Andrew Lyons appeared this week in the Court of Appeal in Chell v Tarmac.

The claimant/appellant, represented by Theo Huckle QC and Philip du Berry contended that Tarmac should be vicariously liable for the action of their employee; and that Tarmac should have risk assessed for the foreseeable risk of injury arising from the tensions between the workforce and sub-contractors.

Vicarious liability requires courts to apply two-limb test and consider whether: (1) the relationship between the defendant and the primary wrongdoer was so close that it was capable of giving rise to vicarious liability; and (2) the connection between that relationship and the primary wrongdoing was close enough to impose liability on the defendant. The focus of the appeal, as regards vicarious liability, was on the second limb and whether, on the facts of the case, either the so-called ‘field of activities’ test or the ‘enterprise risk’ test should lead to Tarmac being fixed with liability vicariously.

In the alternative, it was argued that Tarmac owed a direct duty rooted in an alleged responsibility to risk assess where there had been some friction in the workplace.

Judgment has been reserved and a full blog post will appear once it comes to be handed down. The arguments can be heard (and seen) on the Court of Appeal's YouTube channel.

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Patrick Limb QC

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Patrick Limb QC

Call: 1987   |   Silk: 2006

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Andrew Lyons

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