FAIRCHILD IN THE HOUSE OF LORDS

In our May 2002 issue (at pp. 7–9) we analysed the decision of the Court of Appeal in Fairchild v Glenhaven Funeral Services Ltd [2001] EWCA Civ 1881, [2002] 1 WLR 1052, in so far as it related to the duties of an occupier towards employees of an independent contractor who are working on the occupier’s premises. The House of Lords has recently allowed the claimants’ appeal ([2002] UKHL 22, [2002] 3 WLR 89). However, it did so by concluding that the claimants had a claim against their employers. This being the case, it was not necessary for their Lordships to consider whether or not they had a claim against the occupiers. Their Lordships therefore did not consider the position of occupiers, with the result that the reasoning of the Court of Appeal on this issue must still be considered to be good law.