Michael James v EA Shaw
[2023] EWHC 2683 (KB)
Peter Manning v Dnata Catering UK Limited
21 December 2023
[2023] EWHC 3302 (KB)
High Court
A worker hurt his back at work because the straps he used were too small for the lorry. The company was at fault for not providing the right equipment, but the worker was also partially to blame for using the straps incorrectly. The court said the company had to pay for the injury, but less because the worker was partly responsible.
Key Facts
- •Mr. Manning injured his back while tightening a nylon strap on a catering lorry (R68GMJ) at London Stansted Airport.
- •The accident occurred because the metal hook on the strap became disconnected from the lorry's rail.
- •Lorry R68 was scrapped before it could be inspected, hindering the investigation.
- •The main dispute concerns whether the lorry's rails were insufficiently deep to securely accommodate the straps.
- •Several former DNATA employees testified that the straps were unsuitable for lorry R68 and that complaints were made to management.
- •DNATA argued that Mr. Manning was adequately trained and that the accident was caused by his improper use of the straps.
Legal Principles
Adverse inferences can be drawn against a party who destroys evidence or makes it difficult for the claimant to adduce relevant evidence.
Armory v Delamirie (1721) 1 Stage 505, Keefe v Isle of Man Steam Packet Company Ltd [2010] EWCA Civ 683, Shaw-Lincoln v Neelakanadan [2012] EWHC 1150 (QB), Mackenzie v Alcoa Manufacturing (GB) Ltd [2019] EWCA Civ 2110, Vardy v Rooney [2022] EWHC 2017 (QB)
Employers have a duty to provide a safe system of work under the Management of Health and Safety at Work Regulations 1999 and to make a suitable and sufficient risk assessment.
Management of Health and Safety at Work Regulations 1999, Regulation 3
Manual Handling Operations Regulations 1992 apply to manual handling operations, including the pushing and/or pulling of a load; employers must assess and reduce risks to the lowest level reasonably practicable.
Manual Handling Operations Regulations 1992, Regulation 4
Breach of the Manual Handling Operations Regulations 1992 is not actionable in civil law due to section 69 of the Enterprise Act 2013.
Section 69 of the Enterprise Act 2013
Damages can be reduced for contributory negligence under the Law Reform (Contributory Negligence) Act 1945.
Law Reform (Contributory Negligence) Act 1945, section 1
Outcomes
The claim was successful, but damages were reduced by 25% due to contributory negligence.
The court found that DNATA failed to provide a safe system of work by not supplying suitable straps for lorry R68, breaching their duty of care. However, Mr. Manning was also found to be contributorily negligent for using an unsafe method of securing the strap.