Bowe v Mersey Rewinds Engineering Ltd & Ors

Bowe v Mersey Rewinds Engineering Ltd & Ors

In the absence of findings as to the frequency or regularity of the claimant's exposure to vibration above the threshold level, and without expert evidence on the effect of intermittent use, the trial judge was not entitled to conclude that there was a breach of duty by the defendants.

Parties
Claimant: Mr Adrian Bowe; Defendants: Mersey Rewinds Engineering Ltd & Ors
Jurisdiction
England and Wales
Judgment Date
31 January 2018
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment on Breach of Duty and Limitation in Personal Injury Claim
Outcome
Appeal allowed; finding of breach of duty set aside
Legal Topics
Employer's Duty of Care, Workplace Injury, Vibration White Finger, Breach of Statutory and Common Law Duty, Limitation Period
Tort Law Employment Law Personal Injury Employer's Duty of Care Workplace Injury Vibration White Finger Breach of Statutory and Common Law Duty Limitation Period

Case Brief

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Parties

Mr Adrian Bowe

Claimant

Mersey Rewinds Engineering Ltd & Ors

Defendants

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment on Breach of Duty and Limitation in Personal Injury Claim

Legal Issues

  1. 1 Whether transitory or occasional exposure to vibration above the threshold level, without regularity or frequency, constitutes a breach of duty by the employer
  2. 2 Whether the trial judge was entitled to find breach of duty in the absence of findings as to frequency of exposure

Ratio Decidendi

In the absence of findings as to the frequency or regularity of the claimant's exposure to vibration above the threshold level, and without expert evidence on the effect of intermittent use, the trial judge was not entitled to conclude that there was a breach of duty by the defendants.

Court Disposition

Appeal allowed; finding of breach of duty set aside

Orders

  • Recorder's finding of breach of duty reversed
  • No finding of breach of duty against defendants