Costa v Imperial London Hotels Ltd

Costa v Imperial London Hotels Ltd

The claimant failed to prove on the balance of probabilities that the absence of refresher or continuation training caused her injury. The judge's finding of causation was a bare assertion unsupported by evidence, particularly as the claimant did not lift the bed but rolled or pulled it, and there was no evidence that refresher training would have prevented the injury in those circumstances.

Parties
Appellant: Costa; Respondent: Imperial London Hotels Limited
Jurisdiction
England and Wales
Judgment Date
01 May 2012
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed; judgment for claimant set aside
Legal Topics
Manual Handling Operations Regulations, Employer's Duty of Care, Causation, Contributory Negligence
Employment Law Personal Injury Manual Handling Operations Regulations Employer's Duty of Care Causation Contributory Negligence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Costa

Appellant

Imperial London Hotels Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the absence of refresher/continuing training constituted a breach of the Manual Handling Operations Regulations 1992
  2. 2 Whether the lack of such training caused the claimant's injury

Ratio Decidendi

The claimant failed to prove on the balance of probabilities that the absence of refresher or continuation training caused her injury. The judge's finding of causation was a bare assertion unsupported by evidence, particularly as the claimant did not lift the bed but rolled or pulled it, and there was no evidence that refresher training would have prevented the injury in those circumstances.

Court Disposition

Appeal allowed; judgment for claimant set aside

Orders

  • Appeal allowed
  • Original judgment for claimant overturned