Mason & Anor v East Potential Ltd [2008] EWCA Civ 494 (14 May 2008)

Mason & Anor v East Potential Ltd [2008] EWCA Civ 494 (14 May 2008)

East Potential Limited did not have sufficient control over the ladder to be liable under the Provision and Use of Work Equipment Regulations 1998, as their control did not extend to the suitability or use of the ladder. The Workplace Regulations did not apply because the only activity in the server room at the relevant time was construction work. The judge's apportionment of 25% liability to East was excessive and not justified.

Citation
[2008] EWCA Civ 494
Parties
Claimant: Adam Mason; Defendant/respondent: Satelcom Limited; Part 20 Defendant/appellant: East Potential Limited
Jurisdiction
England and Wales
Judgment Date
14 May 2008
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed, cross-appeal dismissed, judgment entered for East against Satelcom on the contribution claim.
Legal Topics
Provision and Use of Work Equipment Regulations 1998, Construction (health, Safety and Welfare) Regulations 1996, Workplace (health, Safety and Welfare) Regulations 1992, Contribution Claims, Statutory Interpretation
Health and Safety Employment Law Tort Law Provision and Use of Work Equipment Regulations 1998 Construction (health, Safety and Welfare) Regulations 1996 Workplace (health, Safety and Welfare) Regulations 1992 Contribution Claims Statutory Interpretation

Case Brief

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Parties

Adam Mason

Claimant

Satelcom Limited

Defendant/respondent

East Potential Limited

Part 20 Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether East Potential Limited had sufficient control of the ladder to be liable under the Provision and Use of Work Equipment Regulations 1998
  2. 2 Whether the Workplace Regulations applied to the server room at the time of the accident
  3. 3 Appropriate apportionment of liability between Satelcom and East Potential

Ratio Decidendi

East Potential Limited did not have sufficient control over the ladder to be liable under the Provision and Use of Work Equipment Regulations 1998, as their control did not extend to the suitability or use of the ladder. The Workplace Regulations did not apply because the only activity in the server room at the relevant time was construction work. The judge's apportionment of 25% liability to East was excessive and not justified.

Court Disposition

Appeal allowed, cross-appeal dismissed, judgment entered for East against Satelcom on the contribution claim.

Orders

  • East Potential Limited not liable to contribute to Satelcom's liability to Mr Mason.
  • No order for prospective costs; costs to be determined at the time of assessment.