Bayley v Tesco Stores Ltd [2001] EWCA Civ 504 (2 April 2001)

Bayley v Tesco Stores Ltd [2001] EWCA Civ 504 (2 April 2001)

The claimant failed to prove on the balance of probabilities that the accident occurred as alleged, and even if it had, the defendant had taken reasonable steps to prevent injury; therefore, there was no liability and no real prospect of success on appeal.

Citation
[2001] EWCA Civ 504
Parties
Claimant/applicant: Carole Mary Bayley; Defendant/respondent: Tesco Stores Limited
Jurisdiction
England and Wales
Judgment Date
02 April 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Extension of Time
Outcome
Applications dismissed
Legal Topics
Manual Handling Operations Regulations 1992, Negligence, Extension of Time, Appeal Procedure
Personal Injury Employment Law Manual Handling Operations Regulations 1992 Negligence Extension of Time Appeal Procedure

Case Brief

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Parties

Carole Mary Bayley

Claimant/applicant

Tesco Stores Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether the claimant sustained injury at work as alleged
  2. 2 Whether the defendant was negligent or in breach of statutory duty under the Manual Handling Operations Regulations 1992
  3. 3 Whether permission to appeal should be granted out of time

Ratio Decidendi

The claimant failed to prove on the balance of probabilities that the accident occurred as alleged, and even if it had, the defendant had taken reasonable steps to prevent injury; therefore, there was no liability and no real prospect of success on appeal.

Court Disposition

Applications dismissed

Orders

  • Permission to appeal refused
  • Extension of time refused