Home Office v Lowles [2004] EWCA Civ 985 (29 July 2004)

Home Office v Lowles [2004] EWCA Civ 985 (29 July 2004)

The Recorder was entitled to find that the step at the portacabin entrance posed a risk to health and safety under regulation 12(1) and constituted an obstruction under regulation 12(3), and that the Home Office had not shown it was reasonably practicable to avoid or remove the threshold. The finding of 50% contributory negligence was within the Recorder's discretion and not plainly wrong.

Citation
[2004] EWCA Civ 985
Parties
Appellant/respondent: Home Office; Respondent/appellant: Lowles
Jurisdiction
England and Wales
Judgment Date
29 July 2004
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Workplace Safety, Contributory Negligence, Workplace (health, Safety and Welfare) Regulations 1992, Common Law Negligence
Personal Injury Employment Law Health and Safety Workplace Safety Contributory Negligence Workplace (health, Safety and Welfare) Regulations 1992 Common Law Negligence

Case Brief

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Parties

Home Office

Appellant/respondent

Lowles

Respondent/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Home Office was liable for personal injury under the Workplace (Health, Safety and Welfare) Regulations 1992 and common law negligence
  2. 2 Whether Mrs Lowles was contributorily negligent and to what extent

Ratio Decidendi

The Recorder was entitled to find that the step at the portacabin entrance posed a risk to health and safety under regulation 12(1) and constituted an obstruction under regulation 12(3), and that the Home Office had not shown it was reasonably practicable to avoid or remove the threshold. The finding of 50% contributory negligence was within the Recorder's discretion and not plainly wrong.

Court Disposition

Appeal and cross-appeal dismissed