0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Anderson v Newham College of Further Education

2 April 2002
The issues

Trips – contributory negligence.

The facts

The Claimant was a Mobile Site Supervisor who visited the College in February 1997. When he was in a classroom he tripped over the frame of a white board, which was free-standing and resting against a wall. Had the board been put the other way round and had the Claimant still walked into it, he would have hurt himself at shin height rather than have tripped. The Judge found the College in breach of Regulation 12 of the Work Place (Health Safety and Welfare) Regulations 1992 in that it had failed to keep the floor of articles likely to cause a trip. However, the Claimant was greatly to blame for not looking where he was going. That share of blame would be quantified at 90% contributory negligence. The Claimant and Defendant appealed.

The decision

1. There was an undoubted breach.

2. Although the Claimant sought to rely on Jayes -v- IMI (Kynoch) Limited a decision of the Court of Appeal in 1985 to the effect that a Claimant could be 100% contributorily negligent even where an employer was in breach of its statutory duty, that case could not survive the earlier House of Lords decision of Boyle -v- Kodak Limited (1969) to the effect that an employer could not exonerate itself from liability for breach of statutory duty unless the breach itself was wholly brought about by the Claimant. In any other situation, the breach itself brought liability to some extent on the employer.

3. The Court of Appeal, in Jays, were not referred to the earlier decision of the House of Lords in Boyle. Jayes therefore will continue to be “a decision which probably is confined to its own facts” (Monkman). Jayes should not be followed by first instance Judges.

4. It would have been reasonably practicable to have turned the white board around. A cross appeal would be allowed to the extent that blame would be apportioned 50/50.

focus on...

Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).


Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.


Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.


Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up

Select which mailings you would like to receive from us.

Sign up