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

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


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

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