October 5, 2025
Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd [2005] EWCA Civ 1151
An agency worker's negligence caused injury on a building site. The Court of Appeal, considering which of two contractors was liable, established a significant precedent: two separate 'employers' can share control and therefore be held jointly vicariously liable for an employee's tort. Facts Viasystems (Tyneside) Ltd engaged Thermal Transfer (Northern) Ltd (‘Thermal Transfer’) as the main contractor for works at its factory. Thermal Transfer subcontracted ducting installation to CAT Metalwork Services Ltd (‘CAT’). CAT hired two fitters, Mr Taylor (a CAT employee) and Mr Megson (his mate), to perform the work. Mr Megson was technically employed by an employment agency,
