Robert Lewin v Nicholas Gray

Robert Lewin v Nicholas Gray

Breach of the Construction (Design and Management) Regulations 2015 is not actionable in civil law due to Section 47 of the Health and Safety at Work etc Act 1974 (as amended). There is no common law duty on the defendant to require a Construction Phase Plan from the claimant in these circumstances. The defendant was entitled to rely on the claimant's expertise as an experienced contractor, and there was no negligence or breach of duty under the Occupiers Liability Act 1957. Even if there had been a breach, causation was not established as it was not probable that requiring a written plan would have led to the use of a crash deck and prevention of the accident.

Parties
Claimant: Robert Lewin; Defendant: Nicholas Gray
Jurisdiction
England and Wales
Judgment Date
25 January 2023
Procedural Posture
Personal Injury/negligence / Judgment on Preliminary Issue of Liability
Outcome
Claim dismissed
Legal Topics
Negligence, Occupiers Liability Act 1957, Construction (design and Management) Regulations 2015, Statutory Duty, Workplace Safety, Contributory Negligence
Tort Law Occupiers' Liability Health and Safety Negligence Occupiers Liability Act 1957 Construction (design and Management) Regulations 2015 Statutory Duty Workplace Safety +1 more

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 4 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Robert Lewin

Claimant

Nicholas Gray

Defendant

Procedural Posture

Personal Injury/negligence / Judgment on Preliminary Issue of Liability

Legal Issues

  1. 1 Whether the defendant owed a duty of care in tort to ensure the claimant produced a Construction Phase Plan under the Construction (Design and Management) Regulations 2015
  2. 2 Whether breach of the Regulations gives rise to civil liability in light of Section 47 of the Health and Safety at Work etc Act 1974 (as amended)
  3. 3 Whether failure to require a Construction Phase Plan caused or materially contributed to the claimant's accident

Ratio Decidendi

Breach of the Construction (Design and Management) Regulations 2015 is not actionable in civil law due to Section 47 of the Health and Safety at Work etc Act 1974 (as amended). There is no common law duty on the defendant to require a Construction Phase Plan from the claimant in these circumstances. The defendant was entitled to rely on the claimant's expertise as an experienced contractor, and there was no negligence or breach of duty under the Occupiers Liability Act 1957. Even if there had been a breach, causation was not established as it was not probable that requiring a written plan would have led to the use of a crash deck and prevention of the accident.

Court Disposition

Claim dismissed