The claimant sought damages after falling down stairs at work. She said that the stairway did not comply with the British Standards in breach of the Regulations. The employer responded that the non-compliance was merely techical, and could not have affected the accident. The employer appealed saying that the judge had taken a point unargued in the pleadings.
Held: The court applied the test in Waghorn to ask whether the defendants would have argued their case differently if the point had been pleaded. They would have done so. It was now not proper to call for a re-trial. The appeal succeeded.
Citations:
[2001] EWCA Civ 326
Links:
Statutes:
Workplace (Health, Safety and Welfare) Regulations 1992 5(1)
Jurisdiction:
England and Wales
Citing:
Cited – Waghorn v Wimpey (George) and Co 1969
The plaintiff pleaded that he slipped on a bank, but the evidence was that he slipped on a path.
Held: The variation in the case presented from that pleaded was fatal to the case. The court considered such variations: ‘In the present case Mr . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Litigation Practice
Updated: 09 August 2022; Ref: scu.218005
