Miller v JW Wheatley & Son Ltd [2023]

Summary Description: 

A case in which the claimant was regarded as an independent contractor so the subcontractor on a site was not vicariously liable when the claimant suffered an injury.  

Background: 

The claimant, a solar panel engineer, brought a claim against three defendants relating to a workplace accident. The main contractor had subcontracted the electrical works to another which subcontracted the installation of solar panels to another company.   The claimant was the sole director of this subcontracted company vis-à-vis solar panels.  The claimant submitted a risk assessment to the main contractor noting adverse weather as a hazard.