Ferguson v Welsh and Others [1987] 3 All ER 777

House of Lords 

Basic Facts: 
A district council hired a contractor (S) to demolish a building. The contract prohibited sub-contracting without the council's consent. S sub-contracted the work to the Welsh brothers, who then offered the plaintiff a job. The plaintiff was injured while working in dangerous conditions under the Welsh brothers, leading to partial paralysis. 

Held: The appeal was dismissed. Mr Ferguson was a lawful visitor despite the clause forbidding sub-contracting since Mr Spence would have apparent or ostensible authority to invite him on to the land.

Lord Keith of Kinkel (Dismissing Appeal): 

• The council had forbidden sub-contracting but accepted that both the council and S were occupiers of the site. 

• S had authority to invite workers onto the site as he was in control of it for demolition purposes. 

• Under s.2(2) of the Occupiers' Liability Act, the council owed a duty of care to ensure visitors were reasonably safe, but the accident was caused by the negligent work system of the Welsh brothers, not the council. 

• It would be too far-reaching to hold an occupier liable for the unsafe work system of an independent contractor, especially when it was not related to the physical state of the premises. 

• s.2(4)(b) states that entrusting work to an independent contractor without more is insufficient to shift blame to any visitor injured. The occupier must have acted reasonably in selecting a competent contractor and ensuring the work was properly done.