Casson v Hudson & Anor
The respondents did not owe duties under the Regulations because they did not instruct, control, or permit the appellant to use the ladder, and the appellant acted independently and contrary to express prohibitions.
Source-derived case information.
- Parties
- Appellant: Peter Casson; Respondent: Reverend Philip Hudson; Respondent: Parochial Church Council of St Wilfred’s Church Mereside
- Jurisdiction
- England and Wales
- Judgment Date
- 03 March 2017
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Negligence, Breach of Statutory Duty, Work Equipment Regulations, Control and Supervision
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Casson
Appellant
Reverend Philip Hudson
Respondent
Parochial Church Council of St Wilfred’s Church Mereside
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the respondents owed statutory duties under The Provision and Use of Work Equipment Regulations 1998 to the appellant
- 2 Whether the respondents had control over the appellant or the ladder for purposes of the Regulations
- 3 Whether the appellant was instructed or permitted to use the ladder
Ratio Decidendi
The respondents did not owe duties under the Regulations because they did not instruct, control, or permit the appellant to use the ladder, and the appellant acted independently and contrary to express prohibitions.
Court Disposition
appeal dismissed
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