Baker v British Gas Services (Commercial) Ltd & Anor [2017] EWHC 2302 (QB) (18 September 2017)

Baker v British Gas Services (Commercial) Ltd & Anor [2017] EWHC 2302 (QB) (18 September 2017)

The accident was caused by a wiring error introduced at installation by the Second Defendant, which should have been detected by the First Defendant's predecessor during periodic inspection. Both Defendants are liable: the Second Defendant for the original negligent installation, and the First Defendant under TUPE for the inspection failure. The Claimant was not contributorily negligent as his actions were reasonable and in line with training and common practice.

Citation
[2017] EWHC 2302
Parties
Claimant: Darrell Baker (a protected party by his Litigation Friend Kerry Baker); First Defendant: British Gas Services (Commercial) Limited; Second Defendant: J & L Electrics (Lye) Limited
Jurisdiction
England and Wales
Judgment Date
18 September 2017
Procedural Posture
Personal Injury Employer's Liability / Liability Trial (preliminary Issue)
Outcome
Liability established against both Defendants; no contributory negligence; apportionment: Second Defendant 75%, First Defendant 25%.
Legal Topics
Employer's Liability, Negligence, Transfer of Undertakings (protection of Employment) Regulations (tupe), Personal Injury, Workplace Safety, Contributory Negligence
Tort Law Employment Law Health and Safety Law Employer's Liability Negligence Transfer of Undertakings (protection of Employment) Regulations (tupe) Personal Injury Workplace Safety +1 more

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Parties

Darrell Baker (a protected party by his Litigation Friend Kerry Baker)

Claimant

British Gas Services (Commercial) Limited

First Defendant

J & L Electrics (Lye) Limited

Second Defendant

Procedural Posture

Personal Injury Employer's Liability / Liability Trial (preliminary Issue)

Legal Issues

  1. 1 Whether the wiring error causing electrocution was introduced at installation or later
  2. 2 Whether the First Defendant (British Gas) is liable under TUPE for CCES's failure to detect the defect
  3. 3 Whether the Claimant was contributorily negligent

Ratio Decidendi

The accident was caused by a wiring error introduced at installation by the Second Defendant, which should have been detected by the First Defendant's predecessor during periodic inspection. Both Defendants are liable: the Second Defendant for the original negligent installation, and the First Defendant under TUPE for the inspection failure. The Claimant was not contributorily negligent as his actions were reasonable and in line with training and common practice.

Court Disposition

Liability established against both Defendants; no contributory negligence; apportionment: Second Defendant 75%, First Defendant 25%.

Orders

  • Both Defendants are liable to the Claimant for damages to be assessed.
  • No reduction for contributory negligence.