Brookes v South Yorkshire Passenger Transport Executive & Anor

Brookes v South Yorkshire Passenger Transport Executive & Anor

The appellants were negligent from 1989, two years after the publication of BS 6842, as they should have investigated and remedied the risk of VWF/HAVS within that period given their size and resources. There was insufficient evidence to fix constructive knowledge from 1975 (DD43). No reduction in damages is warranted as the respondent's symptoms developed after the period of negligence and there is no evidential basis for apportionment.

Parties
Claimant/respondent: Alan Brookes; Defendant/appellant: South Yorkshire Passenger Transport Executive; Defendant/appellant: Mainline Group Limited
Jurisdiction
England and Wales
Judgment Date
28 April 2005
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; liability fixed from 1989, but damages unchanged.
Legal Topics
Employer's Liability, Negligence, Occupational Disease, Vibration White Finger (vwf), Hand Arm Vibration Syndrome (havs), Apportionment of Damages
Tort Employment Law Personal Injury Employer's Liability Negligence Occupational Disease Vibration White Finger (vwf) Hand Arm Vibration Syndrome (havs) +1 more

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Parties

Alan Brookes

Claimant/respondent

South Yorkshire Passenger Transport Executive

Defendant/appellant

Mainline Group Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appellants were negligent in exposing the respondent to harmful vibration during his employment
  2. 2 From what date should the appellants be fixed with constructive knowledge of the risk of VWF/HAVS
  3. 3 Whether damages should be apportioned to account for non-negligent exposure

Ratio Decidendi

The appellants were negligent from 1989, two years after the publication of BS 6842, as they should have investigated and remedied the risk of VWF/HAVS within that period given their size and resources. There was insufficient evidence to fix constructive knowledge from 1975 (DD43). No reduction in damages is warranted as the respondent's symptoms developed after the period of negligence and there is no evidential basis for apportionment.

Court Disposition

Appeal allowed in part; liability fixed from 1989, but damages unchanged.

Orders

  • Recorder's finding of liability throughout employment set aside and replaced with liability from 1989.
  • Respondent entitled to damages of £4,780 plus interest at 2% per annum from February 2003 to September 2004, totaling £4,938.33.