Cooper v Carillion Plc [2003] EWCA Civ 1811 (02 December 2003)

Cooper v Carillion Plc [2003] EWCA Civ 1811 (02 December 2003)

It was not reasonably foreseeable that the claimant would suffer injury by acting as he did, given the absence of evidence that holes were ever covered by loose, unmarked plywood boards on the site. The judge was wrong to find contributory negligence.

Citation
[2003] EWCA Civ 1811
Parties
Claimant/appellant: Paul Arthur John Cooper; Defendant/respondent: Carillion PLC
Jurisdiction
England and Wales
Judgment Date
02 December 2003
Procedural Posture
Civil Appeal / Appeal From Plymouth County Court Decision on Contributory Negligence
Outcome
Appeal allowed
Legal Topics
Contributory Negligence, Employer's Liability, Breach of Statutory Duty, Workplace Safety
Tort Law Employment Law Contributory Negligence Employer's Liability Breach of Statutory Duty Workplace Safety

Case Brief

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Parties

Paul Arthur John Cooper

Claimant/appellant

Carillion PLC

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Plymouth County Court Decision on Contributory Negligence

Legal Issues

  1. 1 Whether the claimant was guilty of contributory negligence for failing to check under a plywood board before stepping into a concealed area at work

Ratio Decidendi

It was not reasonably foreseeable that the claimant would suffer injury by acting as he did, given the absence of evidence that holes were ever covered by loose, unmarked plywood boards on the site. The judge was wrong to find contributory negligence.

Court Disposition

Appeal allowed

Orders

  • Defendants to pay the claimant's costs of the trial of the preliminary issue and the appeal