Source: All England Reporter
Publisher Citation: [2009] All ER (D) 155 (Jan)
Neutral Citation: [2009] EWCA Civ 11
Court: Court of Appeal, Civil Division
Judge:

Ward, Richards and Aikens LJJ

Representation Brian Cummins (instructed by Bakers) for the claimant.
  Muhammed Haque (instructed by Berrymans Lace Mawer) for the defendant.
Judgment Dates: 22 January 2009

Catchwords

Safe system of working - Duty to give information or advice - Warning against obvious risk - Claimant employee standing on box to reach upper shelf - Claimant breaking ankle - Whether employer under duty to warn against such obvious risk - Whether adequate warning given in circumstances of instant case - Whether judge in error in dismissing claim.

The Case

Safe system of working Duty to give information or advice. Court of Appeal, Civil Division: The appeal of an employee was dismissed as, whilst the defendant employee had been under a duty to give a warning or instruction against the obvious risk of standing on a box to reach a shelf, on the evidence, adequate warning had been given. It followed that the employer had complied with its duty of care to ensure a safe system of work.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.