Brookes v. South Yorkshire Passenger Transport

Negligence, liability, damages (amount of) foreseeability of injury.

Alan Brookes v. South Yorkshire Passenger Transport Executive and Mainline Group Limited

Facts

AB was awarded £4,780 in damages for personal injuries from harmful vibration he was expose to while employed by the two appellants. These included grinders, saws, drills, impact wrenches and chisels.
The first appellants were taken over by the second appellants in 1986. The Appellants appealed on the grounds that their liability did no arise until the 1990s, and that even if it was found that it did arise earlier the amount of the damages should be reduced.

The Decision

Judge court found that the appellants did act once they appreciated the risk, and set aside the Recorder's finding that the appellants were liable in negligence to the respondent throughout the whole of his employment (from 1982). The court substituted a finding that they were negligent from 1989.
The appellants' partial success on the issue of liability did not result in any change in the overall result of the claim. The respondent was still entitled to damages of £4,780. The Recorder also added interest at the rate of 2% per annum from February 2003 until the date of judgment in September 2004, which produced a total award of £4,938.33.

Notes

Mr Brookes was further entitled to interest from the date of the judgment from September 2004 until payment was made.
Measurement and evaluation of human exposure to vibration transmitted to the hand BSI BS 6842:1987. (HSG88 'Hand-Arm Vibration', Health & Safety Executive 1994)

Date 2005
Court of Appeal (Civil Division)
Act, Regulation or Reference - BSI BS 6842:1987