Court of Appeal decision handed down in the case of Paul Graham -v- Commercial Bodyworks Ltd EWCACiv 47 yesterday Thursday 5th February 2015.
The claimant was badly burned when a work colleague threw/sprayed thinners over him and applied a cigarette lighter. The claim was successfully defended at first instance and on appeal. At first instance the allegations at common law and under the various statutory provisions concerning the use and management of thinners and training and control of employees failed. No appeal. Primary battle ground vicarious liability. The employer was not vicariously liable for the acts of the assailant. There was not a sufficiently close connection between the work and that which occurred. Article to follow.
Richard recently represented a soldier injured on non-active service duties in Afghanistan, who suffered physical and psychiatric injuries causing a loss of career. The case involved complex causation issues with potentially overlaying PTSD