Verlander v Devon Waste Management & Anor [2007] EWCA Civ 835 (27 June 2007)

Verlander v Devon Waste Management & Anor [2007] EWCA Civ 835 (27 June 2007)

The Recorder was entitled to dismiss the claim by resort to the burden of proof, having found the evidence on both sides unreliable and being unable to make a finding on the central factual issue after proper evaluation.

Citation
[2007] EWCA Civ 835
Parties
Appellant: Verlander; Respondent: Devon Waste Management Ltd; Respondent: Backline Logistics Support Services Ltd
Jurisdiction
England and Wales
Judgment Date
27 June 2007
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Breach of Statutory Duty, Burden of Proof, Personal Injury, Workplace Injury
Tort Employment Law Negligence Breach of Statutory Duty Burden of Proof Personal Injury Workplace Injury

Case Brief

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Parties

Verlander

Appellant

Devon Waste Management Ltd

Respondent

Backline Logistics Support Services Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the claimant proved on the balance of probabilities that his back injury was caused by a significant lifting movement at work, as required for liability in negligence or breach of statutory duty.

Ratio Decidendi

The Recorder was entitled to dismiss the claim by resort to the burden of proof, having found the evidence on both sides unreliable and being unable to make a finding on the central factual issue after proper evaluation.

Court Disposition

Appeal dismissed

Orders

  • Judgment for the defendants
  • Claim dismissed