Loss Prevention Loss Prevention Alerts

LPA 23 – Contractor’s/Consultants Duty of Care to Employees of Others Revisited

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Published in May 2003

LPA 21 was a summary of the case Makepeace v. Evans Brothers (Reading) (a firm) 23/05/2000. In that case the Court of Appeal determined that MacAlpine owed no duty of care to Mr Makepeace. This LPA show that, in the recent case McGarvey v. ENCI Limited and NG Bailey and Company Limited [2002] EWCA Civ 274 the Court of Appeal substantially restricted the scope of Makepeace, so reinforcing the point that contractors or indeed consultants may at times owe duties of care to the employees of others.