Transco Plc v Griggs

Transco Plc v Griggs

The claimant established on the balance of probabilities that his palmar arch disease was caused by prolonged exposure to vibration at work, all other causes having been excluded. The employer's admitted breaches of duty materially increased the risk of such disease, satisfying both the but for and material increase in risk tests for causation. The appeal is dismissed.

Parties
Appellant: Transco PLC; Respondent: David Charles Griggs
Jurisdiction
England and Wales
Judgment Date
16 April 2003
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Employer's Liability, Medical Causation, Legal Causation, Occupational Disease, Negligence
Tort Employment Law Personal Injury Employer's Liability Medical Causation Legal Causation Occupational Disease Negligence

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Parties

Transco PLC

Appellant

David Charles Griggs

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant's palmar arch disease (PAD) was caused by exposure to vibration at work (medical causation)
  2. 2 Whether the PAD was caused by negligent exposure to vibration (legal causation)

Ratio Decidendi

The claimant established on the balance of probabilities that his palmar arch disease was caused by prolonged exposure to vibration at work, all other causes having been excluded. The employer's admitted breaches of duty materially increased the risk of such disease, satisfying both the but for and material increase in risk tests for causation. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Judgment for the claimant in the sum of £211,149 as previously entered
  • Costs and further orders as per draft order