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.