Bull Brand Limited v The Commissioners for HMRC
[2023] UKFTT 748 (TC)
Ryan Jones v Persimmon Homes Limited & Anor
14 October 2024
[2024] EWHC 2597 (KB)
High Court
A carpenter fell from a ladder at a construction site. The company responsible for the site (Persimmon) was partially to blame because they didn't properly check the safety equipment. The carpenter was also partially to blame for not being careful enough. The other company involved (Macob) wasn't found to be at fault.
Key Facts
- •Ryan Jones, an experienced carpenter, fell from a scaffold ladder on August 8, 2018, fracturing his ankle.
- •The ladder was secured to the scaffold with clamps; Jones's hand caught on a clamp, causing him to fall.
- •The ladder's baseboard was missing, contributing to the ladder's instability.
- •Persimmon Homes Limited (principal contractor) and Macob Scaffolding Limited (scaffolding contractor) were defendants.
- •The trial focused on liability.
Legal Principles
Duties under the Work at Height Regulations 2005 and the Construction (Design and Management) Regulations 2015.
Work at Height Regulations 2005, Construction (Design and Management) Regulations 2015
Regulations do not automatically create civil liability but can be relevant to the exercise of reasonable care and skill.
Section 69 Enterprise and Regulatory Reform Act 2013
Causation: The 'but for' test – claimant must prove, on the balance of probabilities, that but for the defendant's negligence, the injury would not have occurred.
Clough v First Choice Holidays & Flights Limited (2005)
Reasonable care and skill in engaging a specialist contractor; reliance on contractor's expertise.
Persimmon's defence
Contributory negligence: Apportionment of liability if claimant's actions contributed to the injury.
Various
Outcomes
No liability for Macob Scaffolding Limited.
The baseboard was installed correctly by Macob; any changes were made after handover to Persimmon.
Persimmon Homes Limited is liable for 50% of the damages.
Failure to observe and remedy the missing baseboard during inspections constituted a failure to exercise reasonable care and skill.
Ryan Jones is 50% contributorily negligent.
Jones failed to avoid the outward-facing clamp and failed to report the missing baseboard.