Thomas Henry Jose v (1) MacSalvors Plant Hire Ltd (2) Brush Transformers Limited

Court of Appeal; before Lord Justice Ward, Lady Justice Smith and Lord Justice Rimer; judgment delivered 15 December 2009

For Brush: Peter Cowan instructed by Berrymans Lace Mawer LLP

The facts

During July 2002 Brush Transformers Ltd (‘Brush’) hired a large mobile crane from MacSalvors (Plant Hire) Ltd (‘MacSalvors’) in connection with work at an electricity sub-station in Newton Abbott. The hire agreement incorporated the 2001 edition of the Construction Plant-hire Association’s Model Conditions for Plant Hire 2001 (‘the CPA Form’). The crane was supplied with an experienced operator, Mr Thomas Jose. On 10 July 2002, Mr Jose sustained injuries when he stepped backwards off the crane cab superstructure and fell to the ground. Mr Jose brought a claim against MacSalvors for damages for personal injury caused by their negligence and/or breach of statutory duty insofar as contrary to reg 6 of the Construction (Health, Safety and Welfare) Regulations 2006, MacSalvors had failed to take suitable and sufficient steps to prevent falls. Liability was agreed with Mr Jose accepting that he had been partly to blame and the claim was settled with MacSalvors agreeing to pay damages of £50,000. MacSalvors brought Part 20 proceedings against Brush claiming a right to be indemnified pursuant to clauses 8 and 13 of the CPA Form (set out in full below in para 3 of the judgment).