Butcher v Cornwall County Council [2002] EWCA Civ 559 (11 April 2002)

Butcher v Cornwall County Council [2002] EWCA Civ 559 (11 April 2002)

The application for permission to appeal is granted on the grounds that the submissions on breach of duty, causation, and contributory negligence have a real prospect of success.

Citation
[2002] EWCA Civ 559
Parties
Claimant/applicant: Colin Bruce Butcher; Defendant/respondent: Cornwall County Council
Jurisdiction
England and Wales
Judgment Date
11 April 2002
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted limited to grounds 6-12
Legal Topics
Employer's Liability, Breach of Duty, Causation, Contributory Negligence
Personal Injury Employment Law Employer's Liability Breach of Duty Causation Contributory Negligence

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Parties

Colin Bruce Butcher

Claimant/applicant

Cornwall County Council

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the council breached its duty of care to the claimant
  2. 2 Whether the breach caused the claimant's injury
  3. 3 Whether contributory negligence should reduce damages

Ratio Decidendi

The application for permission to appeal is granted on the grounds that the submissions on breach of duty, causation, and contributory negligence have a real prospect of success.

Court Disposition

Permission to appeal granted limited to grounds 6-12

Orders

  • Permission to appeal granted limited to grounds 6-12 of the grounds of appeal
  • Costs to be costs in the appeal