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 the time of the original installation by the Second Defendant, which should have been detected and remedied by the First Defendant (or its predecessor) during periodic inspection. Both Defendants are liable: the Second Defendant for the original negligent installation, and the First Defendant for failing to detect the defect, with liability for the inspection failure transferring to the First Defendant under TUPE. There was no contributory negligence by the Claimant.

Citation
[2017] EWHC 2302 (QB)
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 as Preliminary Issue
Outcome
Liability established against both Defendants; no contributory negligence; apportionment 75% Second Defendant, 25% First Defendant; damages to be assessed.
Legal Topics
Employer's Liability, Negligence, Transfer of Undertakings (protection of Employment) Regulations (tupe), Personal Injury, Vicarious Liability, Contributory Negligence, Electrical Safety at Work
Tort Law Employment Law Health and Safety Law Employer's Liability Negligence Transfer of Undertakings (protection of Employment) Regulations (tupe) Personal Injury Vicarious Liability +2 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 as Preliminary Issue

Legal Issues

  1. 1 Whether the wiring error causing electrocution was introduced at installation or during later maintenance
  2. 2 Whether the First Defendant (British Gas) is liable for failing to detect the defect during periodic inspections
  3. 3 Whether liability for the inspection failure transferred to British Gas under TUPE

Ratio Decidendi

The accident was caused by a wiring error introduced at the time of the original installation by the Second Defendant, which should have been detected and remedied by the First Defendant (or its predecessor) during periodic inspection. Both Defendants are liable: the Second Defendant for the original negligent installation, and the First Defendant for failing to detect the defect, with liability for the inspection failure transferring to the First Defendant under TUPE. There was no contributory negligence by the Claimant.

Court Disposition

Liability established against both Defendants; no contributory negligence; apportionment 75% Second Defendant, 25% First Defendant; damages to be assessed.

Orders

  • Both Defendants held liable to the Claimant for damages to be assessed.
  • Second Defendant (J & L Electrics) to bear 75% of liability; First Defendant (British Gas) to bear 25%.