Wells v Mutchmeats Ltd & Anor

Wells v Mutchmeats Ltd & Anor

The claimant was aware of the hazard, had duties relating to the tray, and failed to take reasonable care for his own safety. The trial judge's apportionment of 40% contributory negligence was within the range of reasonable responses and not plainly wrong.

Parties
Claimant/applicant: Wells; Defendant/respondent: Mutchmeats Ltd; Defendant/respondent: The Foods Standards Agency
Jurisdiction
England and Wales
Judgment Date
28 February 2006
Procedural Posture
Civil Appeal / Appeal From Trial Court on Liability and Contributory Negligence
Outcome
appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Breach of Statutory Duty, Apportionment of Liability
Tort Law Occupiers' Liability Workplace Safety Negligence Contributory Negligence Breach of Statutory Duty Apportionment of Liability

Case Brief

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Parties

Wells

Claimant/applicant

Mutchmeats Ltd

Defendant/respondent

The Foods Standards Agency

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court on Liability and Contributory Negligence

Legal Issues

  1. 1 Whether the claimant was guilty of contributory negligence
  2. 2 Whether the apportionment of liability (60% defendants, 40% claimant) was correct

Ratio Decidendi

The claimant was aware of the hazard, had duties relating to the tray, and failed to take reasonable care for his own safety. The trial judge's apportionment of 40% contributory negligence was within the range of reasonable responses and not plainly wrong.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.