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Tafa v, (1) Matsim Properties Ltd (2) Gilling-Smith (3) Agora Gynaecology & Fertility Centre Ltd, QBD, 23 May 2011


King J held that a commercial tenant (D3) and its company director (D2) were both personally liable in negligence and for breach of statutory duties pursuant to the Construction (Health, Safety and Welfare) Regulations 1996 and the Work at Height Regulations 2005 in respect of personal injuries sustained by a workman employed by a contractor engaged by D2 and D3. King J held that D3, through D2, had control over the works being carried out on site and such as to trigger the personal obligations under the Regulations. King J further held that they had breached their statutory duties by failing to ensure that the workman was adequately supervised and in failing to ensure that the works at height were, inter alia, properly planned, supervised and carried out in a reasonably safe manner.


  • High Court (Queen's Bench Division)
  • Friday, 01 July 2011