Mersey Docks & Harbour Board v Coggins and Griffiths [1947] AC 1 

Written By Nicolas Heyes

House of Lords 

Basic Facts: The Harbour Board leased a crane and its operator to stevedores. The operator injured a third party due to negligence while under the stevedores’ control. The question was whether the Board or the stevedores were liable. 

Issue: Is the hirer of an employee vicariously liable for the employee’s actions, or does liability remain with the original employer? 

Held : the Harbour Authority, being the general permanent employer, bears liability in the case.

  • Viscount Simon : The original employer (Harbour Board) remains liable. The control test is liability.

Nicolas Heyes
Previous

Ministry of Defence v AB and Others [2010] EWCA Civ 1317 
Next

McManus v Beckham [2002] EWCA Civ 939