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Negligence – Causation. The claimant was an employee of JJ who was an independent contractor of the defendant National Trust. The claimant was critically injured whilst felling a tree on National Trust property and sought to bring an action in negligence against the National Trust. The Queen's Bench Division held that the National Trust did not owe the claimant a duty of care in its choice of JJ as its independent contractor. Accordingly, the inevitable consequence was that the action had to be dismissed.
Negligence – Causation. The claimant was an employee of JJ who was an independent contractor of the defendant National Trust. The claimant was critically injured whilst felling a tree on National Trust property and sought to bring an action in negligence against the National Trust. The Queen's Bench Division held that the National Trust did not owe the claimant a duty of care in its choice of JJ as its independent contractor. Accordingly, the inevitable consequence was that the action had to be dismissed.
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