LIABILITY FOR DELAY CONSEQUENTIAL UPON A FIRE

Biffa Waste Services Ltd v Maschinenfabrik Ernst Hese GmbH [2008] EWHC 6 (TCC), 11 January 2008

In Biffa Waste Services Ltd v Maschinenfabrik Ernst Hese GmbH [2008] EWHC 6 (TCC), 11 January 2008, Mr Justice Ramsey considered a number of issues of law arising out of a claim to recover damages for delay to a construction project which delay was caused by a fire. The principal issues considered by Mr Justice Ramsey included the following: (i) the scope of the doctrine of vicarious liability, in particular the circumstances in which an employer can be liable for the torts of personnel who are not its employees; (ii) the scope of the non-delegable duty which may be imposed upon an employer who has employed another person to carry out an extra-hazardous activity; (iii) the application of a liquidated damages clause to claims for delay and its role in limiting the liability of the party in breach and (iv) the use of a stay of proceedings in order to avoid double recovery in respect of a particular loss.