‘CONTROL’ UNDER THE CONSTRUCTION (HEALTH, SAFETY & WELFARE) REGULATIONS 1996 AND APPORTIONMENT OF LIABILITY

Humpheryes v Nedcon UK Ltd & Anor [2004] EWHC 1260 (QB) (unreported, 28 July 2004)

Mr Justice Roderick Evans in Humpheryes v Nedcon UK Ltd & Anor [2004] EWHC 1260 (QB) (unreported, 28 July 2004) has held that two parties were concurrently ‘in control’ of a construction site for the purposes of the Construction (Health, Safety & Welfare) Regulations 1996 and apportioned liability between the two contractors to reflect their degree of responsibility. He also rejected an argument based on contributory negligence and awarded damages under a number of heads.