Wells v Mutchmeats Ltd & Anor [2006] EWCA Civ 963 (28 February 2006)

Wells v Mutchmeats Ltd & Anor [2006] EWCA Civ 963 (28 February 2006)

The claimant was aware of the hazard, had reported it, and had a duty to check the tray as part of his job. His actions contributed to the accident. The trial judge's apportionment of liability was within the reasonable range and not plainly wrong, so the appeal should be dismissed.

Citation
[2006] EWCA Civ 963
Parties
Claimant/appellant: Wells; First Defendant/respondent: Mutchmeats Ltd; Second Defendant/respondent: The Foods Standards Agency
Jurisdiction
England and Wales
Judgment Date
28 February 2006
Procedural Posture
Personal Injury Appeal / Appeal From Trial Judgment on Liability and Contributory Negligence
Outcome
Appeal dismissed
Legal Topics
Contributory Negligence, Breach of Statutory Duty, Apportionment of Liability, Workplace Safety
Tort Law Personal Injury Occupiers' Liability Health and Safety Contributory Negligence Breach of Statutory Duty Apportionment of Liability Workplace Safety

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Wells

Claimant/appellant

Mutchmeats Ltd

First Defendant/respondent

The Foods Standards Agency

Second Defendant/respondent

Procedural Posture

Personal Injury Appeal / Appeal From Trial Judgment on Liability and Contributory Negligence

Legal Issues

  1. 1 Whether the claimant was guilty of contributory negligence
  2. 2 Whether the apportionment of liability (60% defendants, 40% claimant) was correct

Ratio Decidendi

The claimant was aware of the hazard, had reported it, and had a duty to check the tray as part of his job. His actions contributed to the accident. The trial judge's apportionment of liability was within the reasonable range and not plainly wrong, so the appeal should be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed. Recorder's findings and apportionment of liability upheld.