| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 21 (Apr) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Brooke, Laws and Keene LJJ |
| Representation | Christopher Carling (instructed by Rayworths, Harrogate) for the claimant. |
| Christopher Kennedy (instructed by Praxis Partners, Leeds) for the defendants. | |
| Judgment Dates: | 10 April 2002 |
Catchwords
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.
The Case
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.
Practice Areas
Lexis®Library
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
