WILLIAM CAMPBELL AGAIN (FIRST) PETER GORDON JOINERS Ltd AND DEREK FORSYTH, the Liquidator thereof; and (SECOND) PETER GORDON

(FIRST) PETER GORDON JOINERS LIMITED and DEREK FORSYTH, the liquidator thereof; and (SECOND) PETER GORDON

Introduction [1] In this action the pursuer and present respondent seeks damages against two defenders. The first defender is his former employer, Peter Gordon Joiners Limited, a company now in insolvent liquidation. The second defender and reclaimer is Peter Gordon who is the sole director of the first defender.

[5] The Employers’ Liability (Compulsory Insurance) Act 1969 provides, inter alia , as follows:

(1) Except as otherwise provided by this Act, every employer carrying on any business in Great Britain shall insure, and maintain insurance, under one or more approved policies with an authorised insurer or insurers against liability for bodily injury or disease sustained by his employees, and arising out of and in the course of their employment in Great Britain in that business, but except in so far as regulations otherwise provide not including injury or disease suffered or contracted outside Great Britain.

(1) For the purposes of this Act the term ‘employee’ means an individual who has entered into or works under a contract of service or apprenticeship with an employer whether by way of manual labour, clerical work or otherwise, whether such contract is expressed or implied, oral or in writing.