ABSTRACT

MCDERMID v NASH DREDGING AND RECLAMATION CO LTD [1987] 1 AC 908

The following are extracts from the judgment of Lord Hailsham, beginning at p 909:

The plaintiff was employed as a deckhand by a contract in writing dated 18 June 1975 in connection with dredging work on a fjord at Lulea in Sweden. In the first sentence of this contract it was expressly agreed: ‘The employee shall safely comply with the lawful directions of the company’s representatives ...’ It must be noted that the defendants’ employers were a subsidiary (it is believed, wholly owned) of a Dutch company Stevin Baggeren BV (‘Stevin’). The function of the defendants was to provide and pay the British staff engaged in the operation.