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.

training and events

4Feb

Insurer Insight event London office

Developed for insurers, this exclusive series of events will provide you with operational and practical insights from across the legal spectrum.

View event

focus on...

Legal updates

Insurance Product Value and the duty to act in the best interests of customers: risks from intermediary remuneration

On 19 November 2019, the Financial Conduct Authority (“FCA”) published “Finalised guidance” (FG19/5) for “insurance product manufacturers and distributors”.

View

Legal updates

Financial Services – ‘Duty of Care’ Bill: consumer protection or damp squib?

The Financial Services Duty of Care Bill (the “Bill”) was introduced into the House of Lords in October 2019 and had its second reading on 9 January 2020.

View

Legal updates

Noise-induced hearing loss claims – documentation and the expert engineer

Guest writer, Finch Consulting Senior Consultant Teli Chinelis applies his expertise in preparing engineering reports in relation to noise-induced hearing loss (NIHL) claims to explain information that is required from the claimant and information that is required and is advisable to be retained by employers, in order to ensure that claims can be fairly represented.

View

Legal updates

SRA Standards and Regulations November 2019

On Monday 25 November the 2011 SRA Handbook is replaced by the 2019 SRA Standards and Regulations (often referred to as STARS).This is the 26th version of the Code of Conduct for Solicitors.

View

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