Mason v Satelcom Ltd & Ors [2007] EWHC 2540 (QB) (24 July 2007)

Mason v Satelcom Ltd & Ors [2007] EWHC 2540 (QB) (24 July 2007)

The Defendants breached statutory duties under the Construction (Health, Safety and Welfare) Regulations 1996 and the Provision and Use of Work Equipment Regulations 1998 by failing to provide or ensure provision of suitable and safe access and equipment for the Claimant's work at height. These breaches were causative of the accident. The Claimant was contributorily negligent for using an obviously inadequate ladder and failing to seek safer alternatives. Redbridge did not have sufficient control to owe statutory duties; East, as controller of the server room and ladder, was in breach of the Provision and Use of Work Equipment Regulations 1998 to the extent of its control.

Citation
[2007] EWHC 2540
Parties
Claimant: Adam Mason; First Defendant: Satelcom Limited; Second Defendant: Intact Networks Limited; Third Party: London Borough of Redbridge; Fourth Party: East Potential Limited; Fifth Party: East Homes Limited
Jurisdiction
England and Wales
Judgment Date
24 July 2007
Procedural Posture
Personal Injury Employer's Liability / Trial of Preliminary Issues on Liability and Contribution
Outcome
Judgment for the Claimant against the Defendants for two-thirds of damages to be assessed; East liable to contribute one-third of the Defendants' liability; Redbridge not liable to contribute.
Legal Topics
Employer's Liability, Breach of Statutory Duty, Negligence, Contributory Negligence, Workplace Safety, Use of Work Equipment, Control of Premises
Tort Employment Law Health and Safety Law Employer's Liability Breach of Statutory Duty Negligence Contributory Negligence Workplace Safety +2 more

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Parties

Adam Mason

Claimant

Satelcom Limited

First Defendant

Intact Networks Limited

Second Defendant

London Borough of Redbridge

Third Party

East Potential Limited

Fourth Party

East Homes Limited

Fifth Party

Procedural Posture

Personal Injury Employer's Liability / Trial of Preliminary Issues on Liability and Contribution

Legal Issues

  1. 1 Whether the Defendants breached statutory duties under the Construction (Health, Safety and Welfare) Regulations 1996 and the Provision and Use of Work Equipment Regulations 1998
  2. 2 Whether the Defendants were negligent at common law
  3. 3 Whether the Claimant was contributorily negligent

Ratio Decidendi

The Defendants breached statutory duties under the Construction (Health, Safety and Welfare) Regulations 1996 and the Provision and Use of Work Equipment Regulations 1998 by failing to provide or ensure provision of suitable and safe access and equipment for the Claimant's work at height. These breaches were causative of the accident. The Claimant was contributorily negligent for using an obviously inadequate ladder and failing to seek safer alternatives. Redbridge did not have sufficient control to owe statutory duties; East, as controller of the server room and ladder, was in breach of the Provision and Use of Work Equipment Regulations 1998 to the extent of its control.

Court Disposition

Judgment for the Claimant against the Defendants for two-thirds of damages to be assessed; East liable to contribute one-third of the Defendants' liability; Redbridge not liable to contribute.

Orders

  • Defendants to pay Claimant two-thirds of damages to be assessed.
  • East to contribute one-third of Defendants' liability to Claimant.