Vance-Daniel v Corus UK Ltd

Vance-Daniel v Corus UK Ltd

A reasonable employer, applying the British Standard, would not conclude that exposure to vibration above the action level occurring only once a week amounted to 'regular' exposure on a 'daily' basis. Therefore, Corus was not in breach of duty and the claim was properly dismissed.

Parties
Appellant: Vance-Daniel; Respondent: Corus UK Ltd
Jurisdiction
England and Wales
Judgment Date
09 February 2010
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Employer's Liability, Personal Injury, Occupational Health and Safety, Standard of Care
Tort Employment Law Employer's Liability Personal Injury Occupational Health and Safety Standard of Care

Case Brief

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Parties

Vance-Daniel

Appellant

Corus UK Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Corus UK Ltd breached its duty of care to the appellant by exposing him to vibration above the action level as defined by relevant standards and guidance
  2. 2 Whether the appellant's exposure constituted 'regular' exposure on a 'daily' basis as contemplated by the British Standard

Ratio Decidendi

A reasonable employer, applying the British Standard, would not conclude that exposure to vibration above the action level occurring only once a week amounted to 'regular' exposure on a 'daily' basis. Therefore, Corus was not in breach of duty and the claim was properly dismissed.

Court Disposition

appeal dismissed