An historic image of Maybole, the location of the building in question in Stewart v Malik.

Inner House reviews the law relating to hazardous building operations in Stewart v Malik [2009] CSIH 5.


The Inner House has given its decision in the contentious area of the liability of an employer for the actings of a contractor undertaking inherently hazardous building operations, with the Lord President providing an important review of the authorities in this area.

In an appeal from the Sheriff Principal of South Strathclyde, Dumfries and Galloway, the First Division of the Cout of Session has refused to overturn a decision that the pursuers had brought their case within the exception to the rule that an employer is not normally liable for the acts and omissions of an independent contractor.

Read the full judgement [this link may direct you away from the Westwater Advocates site].

Westwater Advocates’ Bryan Heaney appeared for the appellants and Greg Sanders for the respondents.