Aldenham School v Deacon

Aldenham School v Deacon

The Recorder was entitled to conclude that cleaning after 6.00 pm would reduce risk, and the defendant failed to discharge the burden of proving it was not reasonably practicable to clean outside school hours. The appeal is dismissed.

Parties
Appellant: Aldenham School; Respondent: Deacon
Jurisdiction
England and Wales
Judgment Date
12 June 2008
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Workplace Safety, Contributory Negligence, Reasonably Practicable Steps, Workplace Health Safety and Welfare Regulations 1992
Employment Law Health and Safety Workplace Safety Contributory Negligence Reasonably Practicable Steps Workplace Health Safety and Welfare Regulations 1992

Case Brief

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Parties

Aldenham School

Appellant

Deacon

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the defendant took all reasonably practicable steps to keep the floor free from substances likely to cause persons to slip under Regulation 12.3 of the Workplace Health Safety and Welfare Regulations 1992
  2. 2 Whether cleaning the floor after 6.00 pm would have reduced risk to users
  3. 3 Whether the Recorder was correct in finding liability and contributory negligence

Ratio Decidendi

The Recorder was entitled to conclude that cleaning after 6.00 pm would reduce risk, and the defendant failed to discharge the burden of proving it was not reasonably practicable to clean outside school hours. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Defendant to pay claimant £2,947.58 within 21 days
  • Claimant to receive costs