| Commentary

(b) Liability of parties

| Commentary

(b)     Liability of parties

Both agency and hirer can be liable for a breach of reg 5 (basic conditions) to the extent that each is 'responsible for that breach': SI 2010/93 reg 14(1), (2). In London Underground Ltd v Amissah [2019] EWCA Civ 125, [2019] IRLR 545 (see para [215.03] immediately above) the question arose as to apportionment of liability as between the agency TP and London Underground (LUL). Although the tribunal at one point found TP and LUL 50% responsible each for the breach, it

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