Hannington v Mitie Cleaning (South East) Ltd & Anor [2002] EWCA Civ 954 (2 July 2002)

Hannington v Mitie Cleaning (South East) Ltd & Anor [2002] EWCA Civ 954 (2 July 2002)

The claimant has an arguable case for breach of duty based on the evidence from the defendants' witnesses regarding the foreseeability and obviousness of the risk, and the lack of a documented risk assessment. Permission to appeal is granted on these grounds.

Citation
[2002] EWCA Civ 954
Parties
Claimant (applicant): Stanley John Hannington; Defendant (respondent): Mitie Cleaning (South East) Ltd; Defendant (respondent): De La Rue Cash Systems Ltd
Jurisdiction
England and Wales
Judgment Date
02 July 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted as set out in judgment.
Legal Topics
Negligence, Employer's Liability, Occupier's Liability, Breach of Statutory Duty, Personal Injury
Tort Employment Law Occupiers' Liability Negligence Employer's Liability Occupier's Liability Breach of Statutory Duty Personal Injury

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Parties

Stanley John Hannington

Claimant (applicant)

Mitie Cleaning (South East) Ltd

Defendant (respondent)

De La Rue Cash Systems Ltd

Defendant (respondent)

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the defendants breached their duty of care to the claimant under negligence and statutory duty.
  2. 2 Whether the equipment provided was unsuitable under statutory regulations.
  3. 3 Whether the risk assessment was adequate.

Ratio Decidendi

The claimant has an arguable case for breach of duty based on the evidence from the defendants' witnesses regarding the foreseeability and obviousness of the risk, and the lack of a documented risk assessment. Permission to appeal is granted on these grounds.

Court Disposition

Permission to appeal granted as set out in judgment.

Orders

  • Permission to appeal granted against both defendants.
  • Permission not granted on the ground relating to the attendance of a medical witness.