Biffa Waste v Maschinenfabrik [2008] EWCA Civ 1257

Court: Court of Appeal

Basic Facts:

• Biffa, hired to construct a recycling plant, suffered losses due to a fire caused by negligence of HU, a subcontractor to MEH. Biffa sued MEH for vicarious liability as HU was insolvent.

Issue for the Court:

• To what extent is a party vicariously liable for the actions of independent contractors?

Held: Court of Appeal

• Liability for independent contractors depends on the level of control the hirer has over the execution of work. If the hirer has control over how work is performed, vicarious liability may apply.

• In this case, MEH did not have sufficient control over HU’s operations to be vicariously liable for HU’s negligence.

• Liability might also be influenced by whether the independent contractor's activities are exceptionally dangerous, but in this case, such circumstances were not present.