Clough v P&O Trans European (Holdings) Ltd [2005] EWCA Civ 430 (07 April 2005)

Clough v P&O Trans European (Holdings) Ltd [2005] EWCA Civ 430 (07 April 2005)

The judge was entitled to find, on the balance of probabilities and after accepting the evidence of the respondent's engineer, that the accident was more likely caused by external force applied by the claimant rather than spontaneous failure. Even if there was a breach of duty in missing an inspection, causation was not established as it was speculative whether the crack would have been present at the time of the missed inspection.

Citation
[2005] EWCA Civ 430
Parties
Claimant/appellant: Colin Clough; Defendant/respondent: P&O Trans European (Holdings) Limited
Jurisdiction
England and Wales
Judgment Date
07 April 2005
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Employer's Liability, Negligence, Causation, Workplace Accident
Tort Law Personal Injury Employer's Liability Negligence Causation Workplace Accident

Case Brief

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Parties

Colin Clough

Claimant/appellant

P&O Trans European (Holdings) Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the accident was caused by the negligence of the respondent in failing to inspect and maintain the suspension unit
  2. 2 Whether the accident was caused by spontaneous failure or by external force applied by the claimant
  3. 3 Whether causation was established between any breach of duty and the injury

Ratio Decidendi

The judge was entitled to find, on the balance of probabilities and after accepting the evidence of the respondent's engineer, that the accident was more likely caused by external force applied by the claimant rather than spontaneous failure. Even if there was a breach of duty in missing an inspection, causation was not established as it was speculative whether the crack would have been present at the time of the missed inspection.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed in the sum of £8,000 plus VAT on items where VAT is appropriate.
  • Liberty to apply in writing within seven days for detailed assessment or alternative figure; reply within seven days thereafter.