Keith Patten passes judgment on the Court of Appeal’s first decision on the Work at Height Regulations
For many personal injury practitioners the Work at Height Regulations 2005 (the Regulations) may not have been at the forefront of their minds in most claims. But the first case under the Regulations to come before the Court of Appeal has indicated how important they may prove to be in certain workplace claims, and has had some interesting and important things to say about the courts’ attitude to the network of statutory health and safety protection in the workplace generally.
The facts
The case in question, Bhatt v Fontain Motors Limited [2010] EWCA Civ 863 was an appeal by the defendant against a decision of the recorder in favour of the claimant, subject to a hefty finding of contributory negligence. The defendants occupied a car showroom at which the claimant worked. The defendant had acquired the premises in 2005 and had brought with it items from two previously occupied premises. These items included some 20 or 30 sets of fibreglass bumper kits. These were sold off only
