The claimant was injured working for the appellants. The appellants now appealed the finding that they were responsible saying that other factors contributed to the injury, and in particular that he had fallen at home. The claimant said that that fall was itself a result of the original injury.
Held: An application of the ‘but for’ test would not result in any deduction. If that test is properly to be applied, the May 1999 accident, if it had any causative effect, would no more reduce Mr Ellis’ damages than would the negligence of a second driver when the injured passenger claimed his full loss against a negligent first driver. There is no free-standing principle which would give apportioning effect to a contributory intervening event. The expression appears to have overtones of contributory negligence which was not in point.
May LJ, Hallett LJ, Lawrence Collins LJ
[2008] EWCA Civ 1117
Bailii
Civil Liability (Contribution) Act 1978
England and Wales
Citing:
Cited – Bonnington Castings Ltd v Wardlaw HL 1-Mar-1956
The injury of which the employee complained came from two sources, a pneumatic hammer, in respect of which the employers were not in breach of the relevant Regulations; and swing grinders, in respect of which they were in breach.
Held: It had . .
Cited – McGhee v National Coal Board HL 1973
The claimant who was used to emptying pipe kilns at a brickworks was sent to empty brick kilns where the working conditions were much hotter and dustier. His employers failed, in breach of their duty, to provide him with washing facilities after his . .
Cited – Wilsher v Essex Area Health Authority HL 24-Jul-1986
A premature baby suffered injury after mistaken treatment by a hospital doctor. He had inserted a monitor into the umbilical vein. The claimant suggested the treatment should have been by a more senior doctor. The hospital appealed a finding that it . .
Cited – Clough v First Choice Holidays and Flights Ltd CA 25-Jan-2006
The appellant broke his neck slipping from a wall in a swimming pool in Lanzarote. The wall was not coated with fully non-slip paint. At first instance the failure to use such paint was held negligent for the purpose of the contract between them and . .
Cited – Fairchild v Glenhaven Funeral Services Ltd and Others HL 20-Jun-2002
The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the . .
Cited – Holtby v Brigham and Cowan (Hull) Ltd CA 6-Apr-2000
A claimant who sought damages for injuries suffered by the ingestion of asbestos whilst working for one employer, but had also worked for other periods for other employers where similar activities had been involved, had the onus in the claim to . .
Cited – Allen and Others v British Rail Engineering Ltd and Another CA 23-Feb-2001
The claimants suffered vibration white finger working for the defendants with percussive tools over many years to 1987, but then continued in other employments which also involved vibrating tools and which caused further damage. The claimants made . .
Cited – Corr v IBC Vehicles Ltd HL 27-Feb-2008
The claimant’s husband had committed suicide. She sought damages for financial loss from his former employers under the 1976 Act. He had suffered a severe and debilitating injury working for them leading to his depression and suicide. The employers . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 02 November 2021; Ref: scu.276974