Humpheryes v Nedcon UK Ltd & Anor

Humpheryes v Nedcon UK Ltd & Anor

Both Nedcon UK Limited and Storage Engineering Services Limited owed statutory duties under the Construction (Health, Safety and Welfare) Regulations 1996 and were negligent in failing to cordon off or warn of the tripping hazard posed by the studs. Nedcon's responsibility was substantially greater, and liability was apportioned two-thirds to Nedcon and one-third to SES. The claimant was not contributorily negligent.

Parties
Claimant: Michael Humpheryes; 1st Defendant/part 20 Claimant: Nedcon UK Limited; 2nd Defendant/part 20 Defendant: Storage Engineering Services Limited
Jurisdiction
England and Wales
Judgment Date
16 July 2004
Procedural Posture
Personal Injury/negligence / Judgment After Trial
Outcome
Judgment for the claimant. Liability apportioned: Nedcon UK Limited two-thirds, Storage Engineering Services Limited one-third. No contributory negligence found.
Legal Topics
Employer's Liability, Workplace Safety, Negligence, Contributory Negligence, Damages Assessment
Tort Law Occupational Health and Safety Employment Law Employer's Liability Workplace Safety Negligence Contributory Negligence Damages Assessment

Case Brief

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Parties

Michael Humpheryes

Claimant

Nedcon UK Limited

1st Defendant/part 20 Claimant

Storage Engineering Services Limited

2nd Defendant/part 20 Defendant

Procedural Posture

Personal Injury/negligence / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants breached statutory duties under the Construction (Health, Safety and Welfare) Regulations 1996
  2. 2 Whether the defendants were negligent in failing to provide a safe place of work and safe means of access
  3. 3 Whether the claimant was contributorily negligent

Ratio Decidendi

Both Nedcon UK Limited and Storage Engineering Services Limited owed statutory duties under the Construction (Health, Safety and Welfare) Regulations 1996 and were negligent in failing to cordon off or warn of the tripping hazard posed by the studs. Nedcon's responsibility was substantially greater, and liability was apportioned two-thirds to Nedcon and one-third to SES. The claimant was not contributorily negligent.

Court Disposition

Judgment for the claimant. Liability apportioned: Nedcon UK Limited two-thirds, Storage Engineering Services Limited one-third. No contributory negligence found.

Orders

  • General damages of £14,000 awarded.
  • Past loss of earnings awarded at £131,165.08.