Nixon v Chanceoption Developments Ltd [2002] EWCA Civ 558 (10 April 2002)

Nixon v Chanceoption Developments Ltd [2002] EWCA Civ 558 (10 April 2002)

Respondents were in clear breach of statutory duty by failing to provide guard-rails and safe scaffolding. The claimant was not contributorily negligent as he was doing his job and no warning was given. Liability established and damages awarded.

Citation
[2002] EWCA Civ 558
Parties
Claimant/appellant: Anthony Peter Nixon; Defendant/respondent: Chanceoption Developments Limited
Jurisdiction
England and Wales
Judgment Date
10 April 2002
Procedural Posture
Personal Injury Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed; judgment for claimant
Legal Topics
Breach of Statutory Duty, Construction (health, Safety and Welfare) Regulations 1996, Contributory Negligence, Smith V Manchester Damages, Part 36 Costs and Interest
Employment Law Health and Safety Personal Injury Breach of Statutory Duty Construction (health, Safety and Welfare) Regulations 1996 Contributory Negligence Smith V Manchester Damages Part 36 Costs and Interest

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Parties

Anthony Peter Nixon

Claimant/appellant

Chanceoption Developments Limited

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the employer breached statutory duty under Construction Regulations
  2. 2 Whether the claimant was contributorily negligent
  3. 3 Assessment of damages for loss of earning capacity

Ratio Decidendi

Respondents were in clear breach of statutory duty by failing to provide guard-rails and safe scaffolding. The claimant was not contributorily negligent as he was doing his job and no warning was given. Liability established and damages awarded.

Court Disposition

Appeal allowed; judgment for claimant

Orders

  • Judgment entered for claimant for £15,000 general damages, £1,483.52 special damages, £25,000 Smith v Manchester damages, plus interest to be calculated
  • Costs awarded to claimant on indemnity basis from relevant date