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McCook v Lobo, [2002] EWCA Civ 1760

McCook v Lobo, [2002] EWCA Civ 1760


Citation:McCook v Lobo, [2002] EWCA Civ 1760

Link to case on WorldLII.

Rule of thumb: On the construction site, when will a sub-contractor become the employee of the site-manager? If the site-manager goes beyond telling the sub-contractor ‘what’ to do, and actually tells the sub-contractor ‘how’ to do the work, then the sub-contractor will be deemed to be an employee, otherwise the sub-contractor will only have a claim against the site-manager under ‘occupier’s liability’.

Background facts:

Parties argued:

Judgment:

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Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.