PHILIP JENKINS v. THE MAERSK COMPANY LIMITED [2001] ScotHC 71 (27th July, 2001)

PHILIP JENKINS v. THE MAERSK COMPANY LIMITED [2001] ScotHC 71 (27th July, 2001)

The pursuer failed to prove, on the balance of probabilities, that the alleged accident occurred as claimed. The evidence and contemporaneous records do not support the pursuer's version, and the reporting of the accident was not substantiated. Accordingly, liability is not established against the defenders.

Citation
[2001] ScotHC 71
Parties
Pursuer: Philip Jenkins; Defenders: The Maersk Company Limited
Jurisdiction
Scotland
Procedural Posture
Personal Injury Action / Proof Before Answer
Outcome
Action dismissed
Legal Topics
Workplace Accident, Manual Handling, Reporting of Accidents, Contributory Negligence
Employment Law Personal Injury Health and Safety Workplace Accident Manual Handling Reporting of Accidents Contributory Negligence

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Parties

Philip Jenkins

Pursuer

The Maersk Company Limited

Defenders

Procedural Posture

Personal Injury Action / Proof Before Answer

Legal Issues

  1. 1 Did the alleged accident on or about 26 August 1993 occur as claimed by the pursuer?
  2. 2 Did the defenders breach their duty to establish a safe system of work?
  3. 3 Was there suppression of accident reporting by the defenders?

Ratio Decidendi

The pursuer failed to prove, on the balance of probabilities, that the alleged accident occurred as claimed. The evidence and contemporaneous records do not support the pursuer's version, and the reporting of the accident was not substantiated. Accordingly, liability is not established against the defenders.

Court Disposition

Action dismissed