Borrowed employees/servants

Employees who are lent or hired out by their general employer to other employers for specific purposes. There is a presumption that the general employer will remain liable for the torts of that servant while hired or lent to the special employer unless the general employer can show that control has passed to the special employer (Mersey Docks & Harbour Board v. Coggins & Griffiths (1947). Condition 8 of the Contractors Plant-hire Association’s Conditions (CPA) makes the hirer responsible for all claims from the operation of plant by the driver/operator who is supplied with it.

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