Durgaprasanna Y, Christ Academy Institute of Law
Bench & Quorum
Court: England and Wales Court.
Date: - October 10, 2005
Judge & Bench:- Lord Justice May, Lord Justice Rix ( 2 Judge Bench)
Citation
Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd [2005] EWCA Civ 1151
Procedural history of the case
A flood occurred at the claimant's factory at Eldon Street, South Shields, on July 28, 1998. The foolish irresponsibility of Darren Strang, a young fitter's friend, was the reason for this flood. Large-scale and expensive destruction was wrought by these floods.
Before this occurrence occurred that day, the claimant had an agreement with the first defendant to have air conditioning installed in the claimant's factory.
The work was delegated to the second defendant by the first defendant (Darwell).
The Third Defendant was employed by Darwell. CAT will supply labourers, fitters, and fitters' assistants. Mr. Megson, a fitter, and Mr. Strang, a fellow fitter, were both burned alive by CAT on the day the incident occurred. Mr. Megson and Mr. Strang were receiving instruction from Mr. Horsley, a second defendant (Darwell) employee.
At the moment, the three were all engaged in work in a roof space. Mr. Strang was instructed to get some fits for Mr. Megson. But Mr. Strang caused an accident. As indicated ,the claimant experienced losses as a result of Mr. Strang's carelessness.
