Brookes v South Yorkshire Passenger Transport Executive & Anor [2005] EWCA Civ 452 (28 April 2005)

Brookes v South Yorkshire Passenger Transport Executive & Anor [2005] EWCA Civ 452 (28 April 2005)

The appellants were negligent from 1989, two years after the publication of BS 6842, as a reasonable employer of their size and resources should have become aware of the risk of VWF and taken remedial steps within that period. There was insufficient evidence to fix them with knowledge from 1975 (DD43). No reduction in damages was warranted as the claimant's symptoms only developed after the period of negligence and there was no evidential basis for apportionment.

Citation
[2005] EWCA Civ 452
Parties
Claimant/respondent: Alan Brookes; Defendant/appellant: South Yorkshire Passenger Transport Executive; Defendant/appellant: Mainline Group Limited
Jurisdiction
England and Wales
Judgment Date
28 April 2005
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed in part; finding of liability from 1989 substituted for liability throughout employment; damages award upheld.
Legal Topics
Negligence, Employer's Duty of Care, Industrial Disease, Apportionment of Damages
Tort Law Employment Law Personal Injury Negligence Employer's Duty of Care Industrial Disease Apportionment of Damages

Case Brief

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Parties

Alan Brookes

Claimant/respondent

South Yorkshire Passenger Transport Executive

Defendant/appellant

Mainline Group Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the appellants were negligent in exposing the claimant to vibration causing HAVS/VWF
  2. 2 From what date the appellants should have been aware of the risk and taken remedial action
  3. 3 Whether damages should be apportioned for pre-negligence exposure

Ratio Decidendi

The appellants were negligent from 1989, two years after the publication of BS 6842, as a reasonable employer of their size and resources should have become aware of the risk of VWF and taken remedial steps within that period. There was insufficient evidence to fix them with knowledge from 1975 (DD43). No reduction in damages was warranted as the claimant's symptoms only developed after the period of negligence and there was no evidential basis for apportionment.

Court Disposition

Appeal allowed in part; finding of liability from 1989 substituted for liability throughout employment; damages award upheld.

Orders

  • Recorder's finding of liability throughout employment set aside and replaced with liability from 1989.
  • Damages of £4,780 plus interest at 2% per annum from February 2003 to September 2004 (total £4,938.33) upheld.