28 March 2013
Brumder v Motornet Service and Repairs Ltd and another [2013] EWCA Civ 195, [2013] All ER (D) 159 (Mar)
It was settled law that, once a claimant had established that there was a breach of an enactment which made his employer absolutely liable, and that breach caused the accident, he needed to do no more, but it was open to the employer to set up a defence that, in fact, it was not in any way in fault but that the claimant employee was alone to blame. The defence applied where the act or omission of the claimant employee himself had the legal result that the defendant employer was in breach of a statutory duty.
