Gale v Turners (Soham) Ltd & Anor

Gale v Turners (Soham) Ltd & Anor

Permission to appeal is granted on all grounds except the Regulation 13 issue, as there are arguable points regarding the adequacy of the system of work, statutory compliance, training, and risk assessment. The question of whether the accident was solely the claimant's fault must also be considered by the full court.

Parties
Claimant/appellant: Gale; Defendants/respondents: Turners (Soham) Limited & Anr
Jurisdiction
England and Wales
Judgment Date
15 May 2007
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted (except on Regulation 13 issue)
Legal Topics
Employer's Duty of Care, Statutory Duties Under Health and Safety Regulations, Safe System of Work, Risk Assessment, Employee Training, Contributory Negligence
Employment Law Health and Safety Law Employer's Duty of Care Statutory Duties Under Health and Safety Regulations Safe System of Work Risk Assessment Employee Training Contributory Negligence

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 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Gale

Claimant/appellant

Turners (Soham) Limited & Anr

Defendants/respondents

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the employer failed to provide a safe system of work under common law and statutory duties
  2. 2 Whether there was a breach of Regulation 12 of the Provision and Use of Work Equipment Regulations 1998
  3. 3 Whether there was a breach of Regulation 13 of the Provision and Use of Work Equipment Regulations 1998

Ratio Decidendi

Permission to appeal is granted on all grounds except the Regulation 13 issue, as there are arguable points regarding the adequacy of the system of work, statutory compliance, training, and risk assessment. The question of whether the accident was solely the claimant's fault must also be considered by the full court.

Court Disposition

Permission to appeal granted (except on Regulation 13 issue)

Orders

  • Permission to appeal granted on all issues except Regulation 13
  • Challenge to the finding that the accident was all the claimant’s fault is included