Newman v Whitbread Plc [2001] EWCA Civ 326 (26 February 2001)

Newman v Whitbread Plc [2001] EWCA Civ 326 (26 February 2001)

The trial judge erred by finding for the claimant on a basis not pleaded, argued, or supported by evidence, thereby causing unfairness to the defendant. The case as found by the judge was not the claimant's case and could not be established without medical and engineering evidence. Judgment for the defendant was required as no prima facie case was established.

Citation
[2001] EWCA Civ 326
Parties
Claimant/respondent: Glenys Newman; Defendant/appellant: Whitbread PLC
Jurisdiction
England and Wales
Judgment Date
26 February 2001
Procedural Posture
Appeal (personal Injury Employer's Liability) / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed; judgment for the defendant; no new trial ordered.
Legal Topics
Employer's Liability, Breach of Statutory Duty, Negligence, Pleadings and Fairness, Occupiers' Liability
Tort Law Employment Law Personal Injury Employer's Liability Breach of Statutory Duty Negligence Pleadings and Fairness Occupiers' Liability

Case Brief

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Parties

Glenys Newman

Claimant/respondent

Whitbread PLC

Defendant/appellant

Procedural Posture

Appeal (personal Injury Employer's Liability) / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred by finding liability on a basis not pleaded or argued at trial
  2. 2 Whether the defendant employer owed a duty to make special arrangements for an employee with physical disabilities
  3. 3 Whether the staircase's non-compliance with regulations or its condition caused the accident

Ratio Decidendi

The trial judge erred by finding for the claimant on a basis not pleaded, argued, or supported by evidence, thereby causing unfairness to the defendant. The case as found by the judge was not the claimant's case and could not be established without medical and engineering evidence. Judgment for the defendant was required as no prima facie case was established.

Court Disposition

Appeal allowed; judgment for the defendant; no new trial ordered.

Orders

  • Appeal allowed with costs.
  • Judgment for the defendant.