October 5, 2025
Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd [2005] EWCA Civ 1151
A fitter’s mate negligently caused serious flooding while working on ducting in a factory. The Court of Appeal held that both the subcontractor providing labour and the intermediary contractor were vicariously liable, recognising for the first time that dual vicarious liability is legally possible where control is shared. Facts Viasystems (Tyneside) Ltd engaged the first defendants, Thermal Transfer (Northern) Ltd, to install air conditioning at their South Shields factory. Thermal Transfer subcontracted ducting work to the second defendants, S & P Darwell Ltd, who in turn contracted with the third defendants, T Hall & C Day t/a CAT Metalwork Services,
