Lambert v VJ Glover Ltd [2019] EWHC 776 (Admlty) (27 March 2019)

Lambert v VJ Glover Ltd [2019] EWHC 776 (Admlty) (27 March 2019)

The injury was not caused by any fault of the Defendants but was entirely due to the Claimant's own failure to take reasonable care of himself. The vessel was adequately moored, fendered, and lit, and the Claimant was not instructed to dispose of rubbish overboard. There was no breach of duty by the Defendants, and the claim is dismissed.

Citation
[2019] EWHC 776 (Admlty)
Parties
Claimant: Mr Elliot Lambert; First Defendant: V J Glover Limited; Second Defendant: Mr Carl Snell (also known as Mr Carl Friday)
Jurisdiction
England and Wales
Judgment Date
27 March 2019
Procedural Posture
Personal Injury Claim / Judgment After Trial on Liability
Outcome
Claim dismissed
Legal Topics
Duty of Care, Negligence, Vicarious Liability, Occupiers Liability, Fundamental Dishonesty, Contributory Negligence
Personal Injury Maritime Law Tort Law Duty of Care Negligence Vicarious Liability Occupiers Liability Fundamental Dishonesty +1 more

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Parties

Mr Elliot Lambert

Claimant

V J Glover Limited

First Defendant

Mr Carl Snell (also known as Mr Carl Friday)

Second Defendant

Procedural Posture

Personal Injury Claim / Judgment After Trial on Liability

Legal Issues

  1. 1 Whether the Defendants owed the Claimant a duty of care and the scope of that duty
  2. 2 Whether the Defendants breached that duty of care and causation
  3. 3 Quantum of damages

Ratio Decidendi

The injury was not caused by any fault of the Defendants but was entirely due to the Claimant's own failure to take reasonable care of himself. The vessel was adequately moored, fendered, and lit, and the Claimant was not instructed to dispose of rubbish overboard. There was no breach of duty by the Defendants, and the claim is dismissed.

Court Disposition

Claim dismissed