Contracting: Passing the buck

David Sawtell assesses recent case law on restricting the liability of service purchasers ‘In effect, the service purchaser has a duty to ensure that care is taken, rather than merely to take care.’When a company or public body contracts out a function, the duties and responsibilities of the service provider and the service purchaser are …
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Cases Referenced

  • A (A Child) v Ministry of Defence [2004] EWCA Civ 641
  • Farraj v King's Healthcare NHS Trust [2009] EWCA Civ 1203
  • McDermid v Nash Dredging & Reclamation Co Ltd [1987] AC 906
  • Square D Ltd v Cook [1992] IRLR 34
  • Woodland v Essex County Council [2011] EWHC 2631 (QB); [2012] EWCA Civ 239