Harris v Bartrums Haulage and Storage Ltd & Anor [2020] EWHC 900 (QB) (17 April 2020)

Harris v Bartrums Haulage and Storage Ltd & Anor [2020] EWHC 900 (QB) (17 April 2020)

The Second Defendant was not negligent as he engaged the trailer parking brake before leaving the trailer, consistent with his usual practice and motivation. The First Defendant was not negligent as the Claimant was a fully trained driver, aware of procedures, and failed to apply the tractor parking brake, which was the direct cause of the accident. The absence of additional safety measures or risk assessment did not amount to negligence given industry standards and the Claimant's competence.

Citation
[2020] EWHC 900
Parties
Claimant: David Harris; First Defendant: Bartrums Haulage and Storage Ltd; Second Defendant: Paul Andre Rombough (t/a PAR European)
Jurisdiction
England and Wales
Judgment Date
17 April 2020
Procedural Posture
Personal Injury / Trial of Preliminary Issue on Liability
Outcome
Claim dismissed
Legal Topics
Negligence, Employer's Duty of Care, Personal Injury, Safe System of Work, Risk Assessment, Contributory Negligence
Tort Employment Health and Safety Negligence Employer's Duty of Care Personal Injury Safe System of Work Risk Assessment +1 more

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Parties

David Harris

Claimant

Bartrums Haulage and Storage Ltd

First Defendant

Paul Andre Rombough (t/a PAR European)

Second Defendant

Procedural Posture

Personal Injury / Trial of Preliminary Issue on Liability

Legal Issues

  1. 1 Whether the Defendants were negligent in causing the accident resulting in personal injury to the Claimant
  2. 2 Whether the Second Defendant failed to engage the trailer parking brake
  3. 3 Whether the First Defendant failed to provide adequate training, supervision, risk assessment, and safe system of work

Ratio Decidendi

The Second Defendant was not negligent as he engaged the trailer parking brake before leaving the trailer, consistent with his usual practice and motivation. The First Defendant was not negligent as the Claimant was a fully trained driver, aware of procedures, and failed to apply the tractor parking brake, which was the direct cause of the accident. The absence of additional safety measures or risk assessment did not amount to negligence given industry standards and the Claimant's competence.

Court Disposition

Claim dismissed