Rice & Anor v Secretary of State for Trade & Industry & Anor [2007] EWCA Civ 289 (04 April 2007)

Rice & Anor v Secretary of State for Trade & Industry & Anor [2007] EWCA Civ 289 (04 April 2007)

The National Dock Labour Board owed a common law duty of care to the claimants to take reasonable steps to protect their health and safety in relation to asbestos exposure, arising from its statutory duty to make satisfactory provision for the training and welfare (including health) of dock workers, and the close, hybrid relationship akin to employment between the NDLB and the dock workers. The statutory framework did not exclude such a duty, and the NDLB's omission to act was not justified given its knowledge of the risks and its responsibilities.

Citation
[2007] EWCA Civ 289
Parties
Claimant/respondent: Winifred Rice (Widow and Executrix of the Estate of Edward Rice Deceased); Claimant/respondent: Robert Francis Thompson; 1st Defendant/appellant: Secretary of State for Trade and Industry; 2nd Defendant: Stuntbrand Line Limited
Jurisdiction
England and Wales
Judgment Date
04 April 2007
Procedural Posture
Appeal (civil) / Appeal From High Court on Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Negligence, Duty of Care, Statutory Duties, Employer's Liability, Asbestos Exposure, Public Authority Liability
Tort Law Employment Law Public Law Negligence Duty of Care Statutory Duties Employer's Liability Asbestos Exposure +1 more

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Parties

Winifred Rice (Widow and Executrix of the Estate of Edward Rice Deceased)

Claimant/respondent

Robert Francis Thompson

Claimant/respondent

Secretary of State for Trade and Industry

1st Defendant/appellant

Stuntbrand Line Limited

2nd Defendant

Procedural Posture

Appeal (civil) / Appeal From High Court on Preliminary Issue

Legal Issues

  1. 1 Whether the National Dock Labour Board (NDLB) owed a common law duty of care to dock workers allocated to employers for protection against asbestos exposure
  2. 2 Whether the statutory framework imposed or excluded such a duty of care on the NDLB

Ratio Decidendi

The National Dock Labour Board owed a common law duty of care to the claimants to take reasonable steps to protect their health and safety in relation to asbestos exposure, arising from its statutory duty to make satisfactory provision for the training and welfare (including health) of dock workers, and the close, hybrid relationship akin to employment between the NDLB and the dock workers. The statutory framework did not exclude such a duty, and the NDLB's omission to act was not justified given its knowledge of the risks and its responsibilities.

Court Disposition

Appeal dismissed

Orders

  • The decision of Silber J that the NDLB owed a duty of care to the claimants is upheld.