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

Willett v Marks & Spencer, Court of Appeal

30 October 2002
The issues

Failure to give reasons – causation – back injury.

The facts

The Claimant alleged she had suffered a serious back injury in 1993 when moving large and heavy counters in the store in which she worked to another store. The Defendant alleged that the real cause of her injury was an accident a month later whilst she had still been off work and when she stumbled whilst climbing the stairs at home. The Claimant denied any connection other than the possibility that it was her original injury that had caused her to stumble. The Judge at first instance found that the Claimant’s injury had been caused by the accident on the stairs and was unrelated to the accident at work, but he gave no reasons.

The decision

1. The Judge was wrong in saying that he did not have to assess the separate causative impacts of the two accidents.

2. Finding that the injuries caused in the second incident were entirely the consequence of twisting on the stairs when the Claimant stumbled, he should have asked himself whether that accident was itself the result of the pain and problems caused by the first incident at work.

3. The fact that he failed to give any reasons undermined his conclusion. The Judgment would be set aside and the matter sent to the High Court for re-Trial before another Judge.

Appeal allowed.

focus on...

Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.

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