Walsh v CP Hart & Sons Ltd [2020] EWHC 37 (QB) (13 January 2020)

Walsh v CP Hart & Sons Ltd [2020] EWHC 37 (QB) (13 January 2020)

The employer failed to carry out a suitable and sufficient risk assessment addressing the risk of falling from the load bed, and did not implement the reasonably practicable safety measure of keeping the tail lift raised when workers were in the van. The risk was high and obvious, and the measure was practicable, as evidenced by its post-accident adoption. The judge below misapplied the test for reasonable practicability, treating it as a simple balancing exercise rather than requiring gross disproportion. The employer was in breach of statutory duty.

Citation
[2020] EWHC 37 (QB)
Parties
Appellant/claimant: Mr Lee Walsh; Respondent/defendant: CP Hart & Sons Ltd
Jurisdiction
England and Wales
Judgment Date
13 January 2020
Procedural Posture
Appeal From County Court / High Court Judgment
Outcome
Appeal allowed; judgment for claimant subject to contributory negligence
Legal Topics
Employer's Liability, Work at Height Regulations, Risk Assessment, Reasonable Practicability, Contributory Negligence
Employment Law Health and Safety Personal Injury Employer's Liability Work at Height Regulations Risk Assessment Reasonable Practicability Contributory Negligence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr Lee Walsh

Appellant/claimant

CP Hart & Sons Ltd

Respondent/defendant

Procedural Posture

Appeal From County Court / High Court Judgment

Legal Issues

  1. 1 Whether the employer breached statutory and common law duties regarding health and safety
  2. 2 Whether the risk assessment and safety measures were sufficient and reasonably practicable
  3. 3 Application of the test for reasonable practicability under health and safety regulations

Ratio Decidendi

The employer failed to carry out a suitable and sufficient risk assessment addressing the risk of falling from the load bed, and did not implement the reasonably practicable safety measure of keeping the tail lift raised when workers were in the van. The risk was high and obvious, and the measure was practicable, as evidenced by its post-accident adoption. The judge below misapplied the test for reasonable practicability, treating it as a simple balancing exercise rather than requiring gross disproportion. The employer was in breach of statutory duty.

Court Disposition

Appeal allowed; judgment for claimant subject to contributory negligence

Orders

  • Judgment for claimant
  • Assessment of contributory negligence at 50%