Clough v P&O Trans European (Holdings) Ltd

Clough v P&O Trans European (Holdings) Ltd

The judge was entitled to find, on the balance of probabilities, that the accident was more likely caused by the claimant striking the suspension unit rather than by spontaneous failure, and that causation was not established between any breach of duty and the injury.

Parties
Claimant/appellant: Colin Clough; Defendant/respondent: P&O Trans European (Holdings) Limited
Jurisdiction
England and Wales
Judgment Date
07 April 2005
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Causation, Employer's Liability, Workplace Accident
Tort Personal Injury Employment Negligence Causation Employer's Liability Workplace Accident

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Parties

Colin Clough

Claimant/appellant

P&O Trans European (Holdings) Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the accident was caused by the negligence of the respondent in failing to inspect and maintain the suspension unit
  2. 2 Whether causation was established between the alleged breach and the injury

Ratio Decidendi

The judge was entitled to find, on the balance of probabilities, that the accident was more likely caused by the claimant striking the suspension unit rather than by spontaneous failure, and that causation was not established between any breach of duty and the injury.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed in the sum of £8,000 plus VAT where appropriate.
  • Liberty to apply in writing within seven days for detailed assessment or alternative figure; reply within seven days thereafter.