Mark Storey v British Telecommunications Plc

Mark Storey v British Telecommunications Plc

The absence of expert engineering evidence is not fatal to Mr Storey's claim for acoustic shock, particularly where the defendant's loss or destruction of relevant evidence made it impossible for the claimant to obtain such evidence. The claim should proceed to trial for factual determination.

Parties
Claimant/appellant: Mark Storey; Defendant/respondent: British Telecommunications PLC
Jurisdiction
England and Wales
Judgment Date
05 May 2022
Procedural Posture
Civil Appeal / Appeal From Summary Judgment/strike Out
Outcome
Appeal allowed
Legal Topics
Employer's Duty of Care, Acoustic Shock, Summary Judgment, Expert Evidence, Procedural Fairness
Tort Employment Law Personal Injury Employer's Duty of Care Acoustic Shock Summary Judgment Expert Evidence Procedural Fairness

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 1 Party arguments 2
Sign in to unlock

Parties

Mark Storey

Claimant/appellant

British Telecommunications PLC

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment/strike Out

Legal Issues

  1. 1 Whether absence of expert engineering evidence is fatal to a claim for acoustic shock
  2. 2 Whether the claim should be struck out or summary judgment entered due to lack of such evidence
  3. 3 Whether the employer's loss or destruction of relevant evidence affects the claimant's ability to prove the case

Ratio Decidendi

The absence of expert engineering evidence is not fatal to Mr Storey's claim for acoustic shock, particularly where the defendant's loss or destruction of relevant evidence made it impossible for the claimant to obtain such evidence. The claim should proceed to trial for factual determination.

Court Disposition

Appeal allowed

Orders

  • Order for summary judgment set aside
  • Order striking out the claim set aside