Main Contractor Was Not a Nursemaid

Makepeace v Evans Brothers (Reading) (a Firm) and another (CA WLR 13 June)

The claimant was an employee of Evans Brothers who were sub-contractors of Alfred McAlpine Construction Ltd. The claimant was a painter and decorator working from a tower scaffold which, either because it had been erected without stabilisers or because the claimant had upset its balance, toppled over causing head injuries to the claimant which left him permanently disabled. McAlpines had provided the tower scaffold. On the day in question their site agent told the claimant he could borrow it. No one asked him if he knew how the scaffold should be erected and used. There was no appeal against the finding of liability against the first defendant but, because there was doubt over the ability of Evans to meet the judgment, the claimant appealed against the dismissal of his claim against McAlpines.