Joint and several liability CASES

October 5, 2025

National Case Law Archive

Law books in a law library

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,

September 16, 2025

National Case Law Archive

Law books on a desk

Barker v Corus (UK) Plc [2006] UKHL 20 (3 May 2006)

An employee developed mesothelioma from asbestos exposure by multiple employers, one of whom was insolvent. The House of Lords held that solvent employers were not jointly and severally liable but only for their proportionate share of the risk created. Facts The claimant, Mr Barker, died from mesothelioma, a cancer caused by exposure to asbestos. He had been exposed to asbestos during three distinct periods in his working life. He worked for a company for over eight years, which later became insolvent. He was then self-employed for a period, during which he was also exposed. Finally, he worked for the defendant,