Harris v Bartrums Haulage and Storage Ltd & Anor [2020] EWHC 900 (QB) (17 April 2020)

Harris v Bartrums Haulage and Storage Ltd & Anor [2020] EWHC 900 (QB) (17 April 2020)

The Second Defendant was not negligent, having applied the trailer parking brake in accordance with proper practice. The First Defendant was not negligent, having provided a competent and experienced driver with adequate information and a safe system of work consistent with industry standards. The accident was caused by the Claimant's failure to apply the tractor handbrake and check the trailer brake, contrary to his training and the procedures he knew. No breach of duty by either Defendant was established.

Citation
[2020] EWHC 900 (QB)
Parties
Claimant: David Harris; First Defendant: Bartrums Haulage and Storage Ltd; Second Defendant: Paul Andre Rombough (t/a PAR European)
Jurisdiction
England and Wales
Judgment Date
17 April 2020
Procedural Posture
Personal Injury Negligence / Trial of Preliminary Issue on Liability
Outcome
Claim dismissed
Legal Topics
Employer's Liability, Negligence, Contributory Negligence, Risk Assessment, Safe System of Work, Training and Supervision, Statutory Duties and Common Law, Workplace Accidents
Tort Law Personal Injury Employment Law Health and Safety Employer's Liability Negligence Contributory Negligence Risk Assessment +4 more

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Parties

David Harris

Claimant

Bartrums Haulage and Storage Ltd

First Defendant

Paul Andre Rombough (t/a PAR European)

Second Defendant

Procedural Posture

Personal Injury Negligence / Trial of Preliminary Issue on Liability

Legal Issues

  1. 1 Whether the Defendants were negligent and liable for the Claimant's injuries
  2. 2 Whether the Second Defendant failed to apply the trailer parking brake
  3. 3 Whether the First Defendant failed in its duty to provide a safe system of work, adequate training, and risk assessment

Ratio Decidendi

The Second Defendant was not negligent, having applied the trailer parking brake in accordance with proper practice. The First Defendant was not negligent, having provided a competent and experienced driver with adequate information and a safe system of work consistent with industry standards. The accident was caused by the Claimant's failure to apply the tractor handbrake and check the trailer brake, contrary to his training and the procedures he knew. No breach of duty by either Defendant was established.

Court Disposition

Claim dismissed

Orders

  • Claim against both Defendants dismissed
  • No order as to damages