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Law Cases
Tort Law Cases
Employers Liability Cases

Wilsons & Clyde Coal Co v English [1938] AC 57

Country:
United Kingdom
By Oxbridge Law Team
Lord Wright
Lord Macmillan

  • Plaintiff was injured in Defendant’s mine and sued Defendant for negligence.

  • Defendant claimed that responsibility for mine safety was delegated to Defendant’s agent and therefore they were not responsible.

  • HL allowed Plaintiff’s claim on the grounds that the duty to effect and maintain a safe system of work was not absolved by the appointment of someone to undertake that duty. 

Lord Wright

  • The duty to take reasonable care for the protection of workers is threefold:

The provision of a competent staff of men, adequate material, and a proper system and effective supervision.

Lord Macmillan

  • There are 2 key doctrines: The doctrine of vicarious liability and the doctrine of common employment (that a master is not liable where one servant injures another where they are both engaged in the same job) –NB ABOLISHED by legislation.

  • In this case common employment does not apply since the agent employed to provide a safe system of work is not employed on the same task as ordinary workmen. 

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