Bhuiyan v Sainsburys Plc [2015] EWCA Civ 859 (24 June 2015)
The claimant failed to establish a causal link between his work and his back injury, and the employer was found to have conducted suitable and sufficient risk assessments and provided adequate training. No breach of duty was established, and the judge's preference for the defendant's expert evidence was justified.
- Citation
- [2015] EWCA Civ 859
- Parties
- Claimant: Bhuiyan; Respondent: Sainsburys PLC
- Jurisdiction
- England and Wales
- Judgment Date
- 24 June 2015
- Procedural Posture
- Personal Injury / Renewed Application for Permission to Appeal
- Outcome
- Permission to appeal refused
- Legal Topics
- Manual Handling Operations Regulations 1992, Employer's Duty of Care, Causation in Personal Injury, Risk Assessment, Workplace Injury
Case Brief
Summary, issues, holding and outcome
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Parties
Bhuiyan
Claimant
Sainsburys PLC
Respondent
Procedural Posture
Personal Injury / Renewed Application for Permission to Appeal
Legal Issues
- 1 Whether the employer breached its duty under the Manual Handling Operations Regulations 1992
- 2 Whether a causal link exists between the claimant's work and his back injury
- 3 Whether the employer's risk assessments and training were adequate
Ratio Decidendi
The claimant failed to establish a causal link between his work and his back injury, and the employer was found to have conducted suitable and sufficient risk assessments and provided adequate training. No breach of duty was established, and the judge's preference for the defendant's expert evidence was justified.
Court Disposition
Permission to appeal refused
Full Case Text
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