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Insurance Law Monthly

The liabilities of the parties

Biffa Waste Services Ltd v Maschinenfabrik Ernst Hese GmbH [2008] EWHC 6 (TCC), is a lengthy judgment of Mr Justice Ramsey. It contains some important rulings on the duties owed by the parties to a construction project, in particular whether there is a duty of care in tort owed by subcontractors to contractors alongside any contractual obligations, whether the two duties are different in scope, whether a sub-contractor is liable for the defaults of a supplier on the non-delegable duties principle applicable to hazardous activities, and the role of all risks insurance in the imposition of duties.

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