Date: Wed, 25 Aug 2004 07:10:20 -0400

From: Jason Neyers

Subject: Independent Contractors and Insurance

Posted on behalf of Andrew Tettenborn:

It is indeed a very odd case; and in so far as it refers to a free-standing duty on the occupier to ensure not only safety but collectability of any award, it has been largely dumped on since. See Naylor (t/a Mainstreet) v Payling [2004] EWCA Civ 560, where the majority - as I read it - say that there's no such duty, although there may be a duty to make some enquiries on the basis that if someone can't get insurance that may be an indication that he's incompetent, dangerous, etc.

Andrew

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