Evans v Thistle Hotels [2002] EWCA Civ 1394 (6 September 2002)

Evans v Thistle Hotels [2002] EWCA Civ 1394 (6 September 2002)

The trial was fair, the judge's finding of 60% contributory negligence was within his discretion, and damages were properly limited based on medical evidence and the claimant's fitness for light work.

Citation
[2002] EWCA Civ 1394
Parties
Claimant/applicant: Wayne Evans; Defendant/respondent: Thistle Hotels
Jurisdiction
England and Wales
Judgment Date
06 September 2002
Procedural Posture
Personal Injury Appeal / Application for Permission to Appeal
Outcome
Application refused
Legal Topics
Personal Injury, Manual Handling Operations Regulations 1992, Contributory Negligence
Tort Employment Law Personal Injury Manual Handling Operations Regulations 1992 Contributory Negligence

Case Brief

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Parties

Wayne Evans

Claimant/applicant

Thistle Hotels

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial was unfair
  2. 2 Whether the claimant was correctly found 60% to blame
  3. 3 Whether damages were properly assessed

Ratio Decidendi

The trial was fair, the judge's finding of 60% contributory negligence was within his discretion, and damages were properly limited based on medical evidence and the claimant's fitness for light work.

Court Disposition

Application refused

Orders

  • Permission to appeal refused