The claimant alleged injury from use of a torque wrench, and succeeded. The employer appealed.
Held: Though the appeal failed, the judge should have been careful not to consider the expert’s evidence separately, and not first making preliminary findings of fact.
Citations:
[2005] EWCA Civ 1327, Times 28-Nov-2005
Links:
Statutes:
Provision and Use of Work Equipment Regulations 1998
Jurisdiction:
England and Wales
Citing:
Cited – Mibanga v Secretary of State for the Home Department CA 17-Mar-2005
The court considered the proper approach to expert evidence when viewed alongside other evidence: Wilson J said ‘It seems to me to be axiomatic that a fact-finder must not reach his or her conclusion before surveying all the evidence relevant . .
Lists of cited by and citing cases may be incomplete.
Health and Safety, Personal Injury
Updated: 04 July 2022; Ref: scu.234690