||All England Reporter
|| All ER (D) 21 (Apr)
||Court of Appeal, Civil Division
Brooke, Laws and Keene LJJ
||Christopher Carling (instructed by Rayworths, Harrogate) for the claimant.
||Christopher Kennedy (instructed by Praxis Partners, Leeds) for the defendants.
||10 April 2002
Negligence - Causation - Breach of duty causing or materially contributing to damage - Claimant suffering from carpal tunnel syndrome - Judge finding claimant's complaint arising from using vibrating equipment during employment with first and second defendants - Judge finding second defendant liable for claimant's condition - Judge awarding costs against both first and second defendants - Whether judge in error.
Liability for a claimant's personal injury would not depend on it being established that a defendant's breach of duty was the sole or main cause of the injury suffered, so long as that defendant's negligence had made a material contribution. Moreover, although it was open under the CPR for a judge to make an order on costs distinguishing between different issues, a judge would not be required to do so.
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