Beck v United Closures & Plastics Plc [2001] ScotCS 160 (22 June 2001)

Beck v United Closures & Plastics Plc [2001] ScotCS 160 (22 June 2001)

The defenders breached statutory duties under regulation 18 of the Workplace (Health, Safety & Welfare) Regulations 1992 and regulations 5 and 6 of the Provision and Use of Work Equipment Regulations 1992 by failing to ensure the doors were suitably constructed and maintained, causing the pursuer's injury. Liability is strict or absolute under these regulations, and the pursuer was not contributorily negligent.

Citation
[2001] ScotCS 160
Parties
Pursuer: James Edward Beck; Defender: United Closures and Plastics Plc
Jurisdiction
Scotland
Judgment Date
22 June 2001
Procedural Posture
Reparation (personal Injury) / Judgment After Proof (trial)
Outcome
Decree for the pursuer; defenders' pleas repelled except seventh pro tanto; damages awarded in full.
Legal Topics
Breach of Statutory Duty, Workplace Safety, Work Equipment Regulations, Workplace Regulations, Damages for Personal Injury
Employment Law Health and Safety Law Personal Injury Breach of Statutory Duty Workplace Safety Work Equipment Regulations Workplace Regulations Damages for Personal Injury

Case Brief

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Parties

James Edward Beck

Pursuer

United Closures and Plastics Plc

Defender

Procedural Posture

Reparation (personal Injury) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defenders breached statutory duties under the Workplace (Health, Safety & Welfare) Regulations 1992 and the Provision and Use of Work Equipment Regulations 1992
  2. 2 Whether such breaches caused the pursuer's injury
  3. 3 Whether the pursuer was contributorily negligent

Ratio Decidendi

The defenders breached statutory duties under regulation 18 of the Workplace (Health, Safety & Welfare) Regulations 1992 and regulations 5 and 6 of the Provision and Use of Work Equipment Regulations 1992 by failing to ensure the doors were suitably constructed and maintained, causing the pursuer's injury. Liability is strict or absolute under these regulations, and the pursuer was not contributorily negligent.

Court Disposition

Decree for the pursuer; defenders' pleas repelled except seventh pro tanto; damages awarded in full.

Orders

  • Award of £2,000 for solatium (pain and suffering)
  • Award of £500 for services rendered by pursuer's wife