Verlander v Devon Waste Management & Anor

Verlander v Devon Waste Management & Anor

The Recorder was entitled to dismiss the claim by resorting to the burden of proof, having found the claimant's evidence unimpressive, inconsistent, and unreliable, and having found the defence evidence also unsatisfactory. There was no sufficient evidence on which to find for the claimant on the balance of probabilities.

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
Tort Law Employment Law Negligence Breach of Statutory Duty Burden of Proof Personal 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 a balance of probabilities that his injury was caused by a significant lifting movement at work
  2. 2 Whether the trial judge was entitled to dismiss the claim by resorting to the burden of proof given the quality of the evidence

Ratio Decidendi

The Recorder was entitled to dismiss the claim by resorting to the burden of proof, having found the claimant's evidence unimpressive, inconsistent, and unreliable, and having found the defence evidence also unsatisfactory. There was no sufficient evidence on which to find for the claimant on the balance of probabilities.

Court Disposition

Appeal dismissed

Orders

  • Judgment for the defendants
  • Claim dismissed