PAUL CHADWICK v RH OVENDEN LIMITED & Anor

PAUL CHADWICK v RH OVENDEN LIMITED & Anor

Both Defendants owed the Claimant a duty of care: the First Defendant as controller of the workplace and the Second Defendant as employer. Both breached their duties by failing to arrange a qualified safety inspection of the aircraft prior to dismantling, a reasonable and necessary precaution. The risk of injury from dangerous substances, including oxygen cylinders, was reasonably foreseeable. The Claimant was not contributorily negligent. Both Defendants are liable in negligence for the injuries caused by the accident.

Parties
Claimant: Paul Chadwick; First Defendant: R H Ovenden Limited; Second Defendant: Rian Hamilton
Jurisdiction
England and Wales
Judgment Date
29 June 2022
Procedural Posture
Negligence Claim (personal Injury) / Liability Trial; Quantum Reserved for Later Hearing
Outcome
Both Defendants found liable in negligence; quantum to be determined at a later hearing.
Legal Topics
Employer's Duty of Care, Occupier's Liability, Negligence, Workplace Safety, Contributory Negligence, Statutory Interpretation (hswa 1974, ERRA 2013)
Tort Law Employment Law Health and Safety Law Employer's Duty of Care Occupier's Liability Negligence Workplace Safety Contributory Negligence +1 more

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Parties

Paul Chadwick

Claimant

R H Ovenden Limited

First Defendant

Rian Hamilton

Second Defendant

Procedural Posture

Negligence Claim (personal Injury) / Liability Trial; Quantum Reserved for Later Hearing

Legal Issues

  1. 1 Whether the First Defendant (R H Ovenden Ltd) owed a duty of care to the Claimant as a controller of the workplace
  2. 2 Whether the Second Defendant (Rian Hamilton) was the employer of the Claimant and owed a duty of care
  3. 3 Whether either Defendant breached their duty of care

Ratio Decidendi

Both Defendants owed the Claimant a duty of care: the First Defendant as controller of the workplace and the Second Defendant as employer. Both breached their duties by failing to arrange a qualified safety inspection of the aircraft prior to dismantling, a reasonable and necessary precaution. The risk of injury from dangerous substances, including oxygen cylinders, was reasonably foreseeable. The Claimant was not contributorily negligent. Both Defendants are liable in negligence for the injuries caused by the accident.

Court Disposition

Both Defendants found liable in negligence; quantum to be determined at a later hearing.

Orders

  • Directions hearing before the assigned master to be scheduled after 13 July 2022.
  • Claimant to file written submissions on costs by 6 July 2022; Defendants to respond within 7 days of receipt.