Source: All England Reporter
Publisher Citation: [2013] All ER (D) 159 (Mar)
Neutral Citation: [2013] EWCA Civ 195
Court: Court of Appeal, Civil Division
Judge:

Lord Justice Ward, Lord Justice Longmore and Lord Justice Beatson

Representation Anthony Coleman (instructed by Wannops LLP) for the claimant.
  Neil Moody QC (instructed by Greenwoods Solicitors) for the insurers.
Judgment Dates: 14 March 2013

Catchwords

Health and Safety at Work - Employer's duties - Duty to employees - Claimant being sole director and sole shareholder of company carrying out vehicle mechanics - Claimant delegating running of company to mechanic - Claimant disregarding health and safety issues - Claimant being injured whilst assisting at company - Claimant issuing proceedings seeking damages from company's insurer - Judge finding company having primary liability for failures to comply with health and safety but claimant 100% contributory negligent - Claimant appealing - Insurer conceding judge erring by attributing 100% contributory negligence - Claimant submitting company's breach of health and safety giving rise to absolute liability with no defence - Whether judge erring.

The Case

Health and Safety at Work Employer's duties. The Court of Appeal, Civil Division, held that the claimant, who was the sole director and sole shareholder of a company, had not been entitled to recover damages for personal injuries sustained as a result of breaches by the company of health and safety regulations in circumstances where the claimant had paid no attention whatsoever to health and safety issues. Although the breach of health and safety regulations had created an absolute obligation on the company, a defence to the claim had been available by the claimant's disregard to health and safety issues and the application of his duty to act with reasonable care, skill and diligence as a director of the company pursuant to s174 of the .

Practice Areas

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