Humpheryes v Nedcon UK Ltd & Anor [2004] EWHC 1260 (QB) (16 July 2004)

Humpheryes v Nedcon UK Ltd & Anor [2004] EWHC 1260 (QB) (16 July 2004)

Both Nedcon UK Limited and Storage Engineering Services Limited were in control for the purposes of the regulations and failed to provide a safe system of work by not cordoning off or warning of the hazard posed by floor studs, amounting to breach of statutory duty and negligence. Nedcon's responsibility was substantially greater, warranting an apportionment of two-thirds liability to Nedcon and one-third to SES. There was no contributory negligence by the claimant.

Citation
[2004] EWHC 1260
Parties
Claimant: Michael Humpheryes; 1st Defendant/part 20 Claimant: Nedcon UK Limited; 2nd Defendant/part 20 Defendant: Storage Engineering Services Limited
Jurisdiction
England and Wales
Judgment Date
16 July 2004
Procedural Posture
Personal Injury Claim (negligence and Breach of Statutory Duty) / High Court Trial, Judgment
Outcome
Judgment for the claimant. Liability apportioned: Nedcon UK Limited two-thirds, Storage Engineering Services Limited one-third. No contributory negligence.
Legal Topics
Employer's Liability, Workplace Safety, Construction Site Accidents, Breach of Statutory Duty, Negligence, Apportionment of Liability, Contributory Negligence
Tort Law Health and Safety Law Employment Law Employer's Liability Workplace Safety Construction Site Accidents Breach of Statutory Duty Negligence +2 more

Case Brief

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Parties

Michael Humpheryes

Claimant

Nedcon UK Limited

1st Defendant/part 20 Claimant

Storage Engineering Services Limited

2nd Defendant/part 20 Defendant

Procedural Posture

Personal Injury Claim (negligence and Breach of Statutory Duty) / High Court Trial, Judgment

Legal Issues

  1. 1 Whether Nedcon UK Limited and Storage Engineering Services Limited breached statutory duties under the Construction (Health, Safety and Welfare) Regulations 1996
  2. 2 Whether the defendants were negligent in failing to provide a safe place of work and safe means of access
  3. 3 Whether the claimant was contributorily negligent

Ratio Decidendi

Both Nedcon UK Limited and Storage Engineering Services Limited were in control for the purposes of the regulations and failed to provide a safe system of work by not cordoning off or warning of the hazard posed by floor studs, amounting to breach of statutory duty and negligence. Nedcon's responsibility was substantially greater, warranting an apportionment of two-thirds liability to Nedcon and one-third to SES. There was no contributory negligence by the claimant.

Court Disposition

Judgment for the claimant. Liability apportioned: Nedcon UK Limited two-thirds, Storage Engineering Services Limited one-third. No contributory negligence.

Orders

  • Award of £14,000 for general damages (pain, suffering, loss of amenity)
  • Award of £131,165.08 for past loss of earnings