Robert Lewin v Nicholas Gray
[2023] EWHC 112 (KB)
Bull Brand Limited v The Commissioners for HMRC
7 September 2023
[2023] UKFTT 748 (TC)
First-tier Tribunal
A builder fell and got hurt at a homeowner's place because it wasn't safe enough. The judge said the homeowner should have made it safer, but the builder was also a bit careless, so the builder only got some of the money he asked for.
Key Facts
- •The claimant, Mr. Derek James, was a self-employed builder who suffered a fall from height at work, sustaining serious injuries.
- •Mr. James was working on a property owned by the defendant, Mrs. Margaret Evans.
- •The fall occurred due to the alleged negligence of Mrs. Evans in failing to provide adequate safety measures on the property.
- •Mr. James claimed damages for his injuries and losses against Mrs. Evans.
Legal Principles
Occupiers' Liability Act 1957 – Duty of care owed to visitors
Occupiers' Liability Act 1957
Negligence – Duty of care, breach of duty, causation, and remoteness of damage
Common law principles of negligence
Outcomes
The claim by Mr. James was partially successful.
The court found that Mrs. Evans owed Mr. James a duty of care under the Occupiers' Liability Act 1957. However, they concluded that Mrs. Evans’s failure to provide adequate safety measures did not solely cause Mr. James's fall and resulting injuries. The court established contributory negligence on the part of Mr. James and reduced damages accordingly.