Goldscheider v Royal Opera House Covent Garden Foundation

Goldscheider v Royal Opera House Covent Garden Foundation

The Royal Opera House breached its statutory duty under Regulations 6(1) and 6(2) of the Control of Noise at Work Regulations 2005 by failing to reduce noise exposure to as low a level as reasonably practicable, and this breach caused the claimant's hearing injury. The orchestra pit was not designated a Hearing Protection Zone as required, and risk assessments were insufficient. The employer did not discharge the burden of proving all reasonably practicable steps had been taken.

Parties
Claimant: Christopher Goldscheider; Defendant (appellant): Royal Opera House Covent Garden Foundation; Intervener: Association of British Orchestras; Intervener: Society of London Theatre; Intervener: UK Theatre Association
Jurisdiction
England and Wales
Judgment Date
17 April 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed; judgment for claimant upheld.
Legal Topics
Noise at Work, Employer's Duty of Care, Risk Assessment, Hearing Protection, Causation, Control of Noise at Work Regulations 2005
Employment Law Health and Safety Law Personal Injury Noise at Work Employer's Duty of Care Risk Assessment Hearing Protection Causation +1 more

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Parties

Christopher Goldscheider

Claimant

Royal Opera House Covent Garden Foundation

Defendant (appellant)

Association of British Orchestras

Intervener

Society of London Theatre

Intervener

UK Theatre Association

Intervener

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the Royal Opera House breached its statutory duty under the Control of Noise at Work Regulations 2005
  2. 2 Whether the breach caused the claimant's hearing injury
  3. 3 Whether the orchestra pit should have been designated a Hearing Protection Zone

Ratio Decidendi

The Royal Opera House breached its statutory duty under Regulations 6(1) and 6(2) of the Control of Noise at Work Regulations 2005 by failing to reduce noise exposure to as low a level as reasonably practicable, and this breach caused the claimant's hearing injury. The orchestra pit was not designated a Hearing Protection Zone as required, and risk assessments were insufficient. The employer did not discharge the burden of proving all reasonably practicable steps had been taken.

Court Disposition

Appeal dismissed; judgment for claimant upheld.

Orders

  • Judgment on liability in favour of the claimant
  • Royal Opera House found in breach of statutory duty under Regulations 6(1) and 6(2)