Goodwin v Bennetts UK Ltd

Goodwin v Bennetts UK Ltd

The defendant was in breach of regulations 4, 6, and 7 of the 1992 Regulations and negligent in failing to take appropriate steps after the claimant's symptoms became known in November 2002. These breaches and negligence caused the recurrence of the claimant's symptoms in and after January 2003, but not the initial...

Source-derived case information.

Parties
Appellant: Goodwin; Respondent: Bennetts UK Limited
Jurisdiction
England and Wales
Judgment Date
11 December 2008
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Employer's Liability, Workplace Injury, Breach of Statutory Duty, Negligence, Health and Safety (display Screen Equipment) Regulations 1992
Employment Law Personal Injury Employer's Liability Workplace Injury Breach of Statutory Duty Negligence Health and Safety (display Screen Equipment) Regulations 1992

Source-derived case record

Summary, issues, holding and outcome

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Parties

Goodwin

Appellant

Bennetts UK Limited

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the defendant breached statutory duties under the 1992 Regulations
  2. 2 Whether the defendant was negligent
  3. 3 Whether any breaches or negligence caused the claimant's injuries

Ratio Decidendi

The defendant was in breach of regulations 4, 6, and 7 of the 1992 Regulations and negligent in failing to take appropriate steps after the claimant's symptoms became known in November 2002. These breaches and negligence caused the recurrence of the claimant's symptoms in and after January 2003, but not the initial onset. The claimant is entitled to damages only for the recurrence of her injuries from January 2003 onwards.

Court Disposition

Appeal allowed in part

Orders

  • Claimant entitled to damages for recurrence of injuries in and after January 2003
  • Quantum of damages to be determined by written submissions if not agreed