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Wednesday, May 8th, 2019

Gheorghe Dehenes v T Bourne & Son Ltd

In a proof before Sheriff Reith in ASPIC, a pursuer argued that the defenders, his former employers, were at fault in relation to an accident he had in the course of his employment when he was manually handling a piece of laboratory equipment. Quantum was agreed and the proof was on liability only.

The pursuer succeeded at proof. The court was persuaded that there was a lack of any adequate planning and risk assessments on the part of the defenders in relation to the task in hand. There is also some useful commentary on the legal test for contributory negligence and summarising the law in employer liability cases post s69 of the Enterprise and Regulatory Reform Act 2013.

Robin Cleland appeared for the Pursuer. Malcolm McGregor appeared for the Defenders. Copy of the Opinion can be found below.

 

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