Brazier v Dolphin Fairway Ltd. [2005] EWCA Civ 84 (26 January 2005)

Brazier v Dolphin Fairway Ltd. [2005] EWCA Civ 84 (26 January 2005)

It is arguable that the judge erred in requiring expert evidence to establish the risk of injury from lifting a large wooden pallet from height, as the risk may be apparent from the circumstances alone.

Citation
[2005] EWCA Civ 84
Parties
Claimant/applicant: John T Brazier; Defendant/respondent: Dolphin Fairway Limited
Jurisdiction
England and Wales
Judgment Date
26 January 2005
Procedural Posture
Civil Appeal / Permission to Appeal From County Court Judgment
Outcome
Permission to appeal granted
Legal Topics
Negligence, Employer's Liability, Personal Injury
Tort Law Employment Law Negligence Employer's Liability Personal Injury

Case Brief

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Parties

John T Brazier

Claimant/applicant

Dolphin Fairway Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Permission to Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the employer was negligent in requiring the claimant to lift a large pallet without sufficient evidence of safety or risk

Ratio Decidendi

It is arguable that the judge erred in requiring expert evidence to establish the risk of injury from lifting a large wooden pallet from height, as the risk may be apparent from the circumstances alone.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted
  • Copy of judgment to be supplied to the applicant at public expense