22nd September, 2023

No busman's holiday for Elizabeth Murray and Leanne Jones as they secure victory for their clients in a 2 day EL/PL case

Elizabeth Murray and Leanne Jones secured success for their respective clients in this 2 day Employers Liability/Occupiers Liability trial in which the Second Defendant was ordered to pay out almost £50,000.

Elizabeth represented the Claimant who had been injured during the course of her employment with the Second Defendant as a "bus shunter". The Claimant originally pursued a claim against the First Defendant, as owner/occupier of the premises, and the Second Defendant, as her employer.  The Second Defendant in turn brought a CPR 20.6 claim for contribution/indemnity against the First Defendant on the basis that, as the employer, it had no control over the workplace, premises, equipment, devices and systems.

By the date of trial the Claimant pursued only her claim against the Second Defendant, as her employer.

The Second Defendant maintained its claim for contribution/indemnity and Leanne Jones defended the First Defendant on that basis.

The trial was heard over the course of two days. On entering judgment for the Claimant, Recorder Adkinson held that any Risk Assessments and Method Statements prepared by the Second Defendant were "a box ticking exercise rather than a genuine attempt to assess the risk to the Claimant." Dismissing the indemnity/contribution claim the Recorder held that "nothing he heard in evidence was suggestive of any blame on the part of the First Defendant. There was nothing about the set-up of the bus washing facilities which lays any blame with them."

Elizabeth secured judgment for the Claimant in the sum of £14,631.98, together with costs of £25,135.89.

Leanne had the indemnity/contribution claim against her client dismissed and the Second Defendant was ordered to pay the costs of and associated with that claim alone in the sum of £8750

Elizabeth Murray was instructed by Brayfords Solicitors.

Leanne Jones was instructed by Kennedys Law.

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