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Andre Henry Cleminson v. John Addley Limited
and Croda Resins Limited |
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Date |
1999 |
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Issue |
Personal injury, damages, contributory negligence |
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Court |
Court of Appeal (Civil Division) |
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Act, Regulation or Reference |
Health & Safety at Work etc. Act 1974 (HSWA) |
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Facts |
Mr C was employed by John Addeley Limited and they were contracted
to clean certain industrial chemical tanks at the premises of Croda
Resins Ltd.
Mr C slipped and fell from the top of the tank suffering personal
injuries. There was no scaffolding or guardrail to the rear of the
tank. The HSE investigated the accident and as a result criminal
proceedings were started.
The first defendants:
Guilty to a breach of Section 1 of the HSWA 1974
The second defendants:
Pleaded guilty to a breach of Section 3 (1) of the HSWA. Each was
fined a substantial sum of money. In their defence the second
defendants, as occupiers, admitted a breach of Section 29 (1) and
sub-section (2) of the
Factories Act 1961.
The defendants mounted a joint defence admitting negligence for
failure to provide a guard rail and agreed that Mr C should recover
damages, subject to a reduction for his contributory negligence for
not looking out where he was putting his foot.
The court agreed and Mr C appealed that no reduction should have
been made for contributory negligence.
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The Decision |
LORD JUSTICE OTTON: said in summing up, “I would come to the
conclusion that there is no ground for disturbing this assessment,
[the Deputy High Court Judge ‘Lachs’]. In coming to that conclusion,
I also bear in mind it is well established that an appellate court
ought not to interfere with a trial judge's apportionment of
responsibility for damages unless it can be shown that he erred in
principle or misapprehended the facts or is clearly seen as being
wrong. In those circumstances I have come to the conclusion that the
judge did not err in principle nor did he misapprehend the facts nor
is it shown that he was clearly wrong. In those circumstances I
would dismiss this appeal.” |
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Note |
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Other cases of interest |
John
Summers & Sons v Frost [1955]
Ryan v Manbre Sugars Ltd (1970)
Davies v Swan Motor Company (Swansea ) [1949]
Chrisman v Electromation (Export) Ltd [1969].
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External links |
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