Source: All England Reporter
Publisher Citation: [2002] All ER (D) 274 (Oct)
Court: Court of Appeal, Civil Division

Sedley and Scott Baker LJJ

Representation Steven Ball (instructed by Stephens & Scown, St Austell) for the claimant.
  Susan Rodway QC (instructed by Veitch Penny, Exeter) for the defendant.
Judgment Dates: 18 October 2002


Negligence - Duty of care - Employer - Breach of duty - Causation - Contributory negligence - Assessment of contributory negligence - Judge finding employer's breach of duty causing employee's accident.

The Case

Whilst a judge had been entitled to find that an employer's negligence had caused an accident and injury to an employee, the assessment of the employee's contributory negligence at 10% had been too low and would be substituted by an apportionment of one third.

Practice Areas

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