Mason v Satelcom Ltd & Ors

Mason v Satelcom Ltd & Ors

The Defendants were in breach of statutory duty under the Construction (Health, Safety and Welfare) Regulations 1996 and the Provision and Use of Work Equipment Regulations 1998 by failing to provide or ensure suitable and safe access and equipment for the Claimant's work at height. These breaches were causative of the accident. The Claimant was contributorily negligent to the extent of one-third for using an obviously unsuitable ladder and failing to secure his own safety. Redbridge had no liability as it did not control the premises or equipment. East, as controller of the server room and the ladder, was in breach of statutory duty under the Work Equipment Regulations and liable to...

Parties
Claimant: Adam Mason; First Defendant: Satelcom Limited; Second Defendant: Intact Networks Limited; Third Party: London Borough of Redbridge; Fourth Party: East Potential Limited; Fifth Party: East Homes Limited
Jurisdiction
England and Wales
Judgment Date
24 July 2007
Procedural Posture
Personal Injury/employer's Liability/contribution Proceedings / Judgment on Preliminary Issues of Liability and Contribution
Outcome
Judgment for the Claimant against the Defendants for two-thirds of damages to be assessed; judgment for Redbridge on the Part 20 claim; Defendants to recover 25% contribution from East after deduction for contributory negligence.
Legal Topics
Employer's Liability, Statutory Duty, Negligence, Contributory Negligence, Work Equipment, Control of Premises, Contribution Proceedings
Tort Employment Law Health and Safety Law Employer's Liability Statutory Duty Negligence Contributory Negligence Work Equipment +2 more

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Parties

Adam Mason

Claimant

Satelcom Limited

First Defendant

Intact Networks Limited

Second Defendant

London Borough of Redbridge

Third Party

East Potential Limited

Fourth Party

East Homes Limited

Fifth Party

Procedural Posture

Personal Injury/employer's Liability/contribution Proceedings / Judgment on Preliminary Issues of Liability and Contribution

Legal Issues

  1. 1 Whether the Defendants (employers) were liable for the Claimant's accident under statutory duty and/or negligence
  2. 2 Whether Redbridge or East owed statutory or common law duties to the Claimant or Defendants
  3. 3 Whether the Claimant was contributorily negligent

Ratio Decidendi

The Defendants were in breach of statutory duty under the Construction (Health, Safety and Welfare) Regulations 1996 and the Provision and Use of Work Equipment Regulations 1998 by failing to provide or ensure suitable and safe access and equipment for the Claimant's work at height. These breaches were causative of the accident. The Claimant was contributorily negligent to the extent of one-third for using an obviously unsuitable ladder and failing to secure his own safety. Redbridge had no liability as it did not control the premises or equipment. East, as controller of the server room and the ladder, was in breach of statutory duty under the Work Equipment Regulations and liable to...

Court Disposition

Judgment for the Claimant against the Defendants for two-thirds of damages to be assessed; judgment for Redbridge on the Part 20 claim; Defendants to recover 25% contribution from East after deduction for contributory negligence.

Orders

  • Judgment for the Claimant against the Defendants for two-thirds of damages to be assessed.
  • Judgment for Redbridge on the Part 20 claim (no liability).