CONCRETE, LTD. v. ATTENBOROUGH.
(1939) 65 Ll L Rep 174
KING'S BENCH DIVISION.
Before Mr. Justice Branson.
Insurance - Public Liability Policy - Action by assured for declaration that they were entitled to be indemnified under policy-Sum paid in respect of personal injuries sustained by G.-G. employed by H. Ltd., sub-contractors engaged upon reconstruction work on Bodleian Library, Oxford-Plaintiffs engaged upon construction of floors- G. injured in fall through hole in floor left by plaintiffs-Allegation that hole was not provided with suitable guard rail-Action brought by G. against H. Ltd. and against plaintiffs, claiming damages for common law negligence and/or breach of statutory duty -Action settled, damages being shared in the proportion of one-fifth by H. Ltd. and four-fifths by plaintiffs- Claim by plaintiffs under policy agreeing to indemnify them "against all sums which the assured shall become legally liable to pay in respect of claims made against the assured for compensation for bodily injury (fatal or non-fatal) to person and/or damage to property resulting from any accident or accidents . . . caused by the fault or negligence of the assured or any of his (their) employees whilst engaged in the assured's business as specified in the schedule hereto and/or by any defect in the assured's premises, ways, works, machinery or plant used in the said business . . . but subject to the exclusions and conditions hereinafter stated" - Condition 8: "The assured shall and will at all times exercise reasonable care in seeing that the ways, implements, plant, machinery and appliances used in his (their) business are substantial and sound, and in proper order, and fit for the purposes for which they are used, and that all reasonable safeguards and precautions against accident are provided and used" - Cause of action by G. against plaintiffs - Whether common law negligence proved - Liability of plaintiffs as invitors-Whether, assuming plaintiffs were responsible to G., the plaintiffs
were precluded from recovering by reason of Condition 8-Repugnancy- Building Regulations, 1926.