Tinseltime Limited v Eryl Roberts and others
Citation: BLR 515 (TCC) and  EWHC 1199 (TCC)
Nature of case:
Tinseltime, anassignee to a dissolved company, maintained a claim for damages for negligence and/or in nuisance againstRoberts, an independent contractor. The claim was intended to encompass all who might through their relationship with Roberts and the works in question, have a liability in tort for damage to the premises and /or machinery.Tinseltime alleged that the general principle that a defendant is liable for the negligence of his independent contractor where the activities are “ultra-hazardous” and “exceptionally dangerous” is not applicable to a claim in nuisance. Dismissing this submission, the court held that there was no justification for holding that the scope of the exception was different in nuisance than negligence.