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Ferguson v Welsh [1987]

Facts

  • The council needed one of their buildings demolishing
  • A contractor bought in a sub-contractor, against the wishes of the council
  • One of the sub-contractor’s employees was injured

Issue

  • Could the council be held liable?

Decision

  • No

Reasoning

  • The sub-contractor had undertook an unsafe system of work, for which the council could not be held liable; not in the scope of occupiers’ liability
  • A major contractor with a significant degree of control over the site may be classed as an occupier
  • Such an occupier may invite others onto the premises contrary to the permission of the usual occupier
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