Cotton v Helphire Ltd
The appeal was dismissed because the Recorder was entitled to find, on the evidence, that the appellant did not suffer work-related symptoms prior to January 2011, that his cough was not caused by workplace exposure, and that Regulation 11 was not engaged. There was no breach of statutory duty or causation established.
- Parties
- Appellant/claimant: Shaun Cotton; Respondent/defendant: Helphire Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 05 March 2019
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Occupational Asthma, Breach of Statutory Duty, Control of Substances Hazardous to Health Regulations 2002, Causation, Health Surveillance
Case Brief
Summary, issues, holding and outcome
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Parties
Shaun Cotton
Appellant/claimant
Helphire Ltd
Respondent/defendant
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the respondent breached Regulation 11 of the Control of Substances Hazardous to Health Regulations 2002 (COSHH)
- 2 Whether the appellant's occupational asthma was caused by exposure to hazardous substances at work
- 3 Whether the Recorder erred in findings of fact and application of law regarding breach and causation
Ratio Decidendi
The appeal was dismissed because the Recorder was entitled to find, on the evidence, that the appellant did not suffer work-related symptoms prior to January 2011, that his cough was not caused by workplace exposure, and that Regulation 11 was not engaged. There was no breach of statutory duty or causation established.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
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