Summary of Recent Cases, October 2017
15/10/17. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just select "Free Newsletter" from the menu at the top of this page and fill in your email address.
Summary of Recent Cases - Substantive Law
Darrell Baker (A Protected Party by his Litigation Friend Kerry Baker) v British Gas Services and J&L Electrics (Lye) Limited [2017] EWHC 2302 (QB)
The Claimant, an electrician, brought a claim for personal injuries arising out of an electric shock he sustained while repairing a light fitting. As a result of the shock he suffered a cardiac arrest and fell from a height, suffering a severe brain injury. The trial on liability centred on how the defect arose, and therefore if either Defendant was liable. D2 installed the wiring in 2004 and D1 was responsible for its maintenance and inspection (and was the Claimant's employer). The Judge found the ballast in the light fitting was original; the light fitting itself had not been removed; and, there was no likely explanation for the junction box to have been rewired. On the balance of probabilities the Judge was thus satisfied the fault arose at the time of installation. D2 was therefore liable. D1 carried out periodic inspections in 2009 and 2010 and failed to identify the fault. That was negligent, notwithstanding TUPE transfer issues that arose in the intervening period. The Judge found no contributory negligence attached to the Claimant. Although the experts agreed use of a volt stick would have been appropriate in the circumstances, his employers did not...
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