||All England Reporter
|| All ER (D) 35 (Apr)
||Court of Appeal, Civil Division
Thorpe and Tuckey LJJ
||Hefin Rees (instructed by Franklins, Milton Keynes) for the claimant.
||Charles Brown (instructed by Henmans, Oxford) for the defendant.
||4 April 2001
Negligence - Duty to take care - Employer - Duty to provide safe system of work - Claimant suffering injury at work - Judge finding employer negligent and failing to provide safe system of work - Judge finding claimant not contributorily negligent - Whether judge in error.
On the facts of the instant case, the judge had made it clear that he was giving an abbreviated ex tempore judgment, and had there been more time, he would have dealt explicitly with all variety of reasons for his conclusion in turn. In the circumstances, there was no compelling reason to overturn the judge's findings that an employer had been liable for an employee's personal injury as there had not been a safe practice of work.
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