Successful appeal on the meaning of "reasonable practicability" for brain-injured man

27 Jan, 2020

Tom Restall acted for the Claimant in Walsh v CP Hart [2020] EWHC 37 (QB) (click for full judgment). Mr Walsh had sustained serious head injuries when he fell from the back of a lorry in the course of his work as a delivery driver’s assistant. At trial before a Designated Civil Judge his claim had failed, but on appeal the High Court was persuaded not only that the judge’s approach had been wrong, but that judgment should be entered for the Claimant. The appeal concerned the meaning of “reasonable practicability” and whether the Supreme Court in Baker v Quantum Clothing had changed the test, the proper application of the Work at Height Regulations 2005 and the adequacy of the Defendants’ risk assessment and pre-accident measures. The Defendants were represented by a QC.

Tom has considerable experience in personal injury litigation. For more information about his practice, click here.


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