Hawkes v London Borough Of Southwark, Court of Appeal - Civil Division, February 20, 1998, [1998] EWCA Civ 310

Reporting Judge: [1998] EWCA Civ 310

President: Hawkes v London Borough Of Southwark

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Hawkes v London Borough Of Southwark, Court of Appeal - Civil Division, February 20, 1998, [1998] EWCA Civ 310

IN THE SUPREME COURT OF JUDICATURE No CCRTF 97/0501 CMS2

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM ORDER OF HIS HONOUR JUDGE PREVITE QC

Royal Courts of Justice

Strand

London WC2

Friday, 20th February 1998

B e f o r e:

LORD JUSTICE HENRY

LORD JUSTICE ALDOUS

SIR CHRISTOPHER STAUGHTON

DARRELL GRANT HAWKES

- v -

LONDON BOROUGH OF SOUTHWARK

(Handed down judgment prepared by

Smith Bernal Reporting Limited, 180 Fleet Street,

London EC4A 2HD

Tel: 0171 831 3183

Official Shorthand Writers to the Court)

MR PAUL KILCOYNE (Instructed by Christian Fisher & Co of London) appeared on behalf of the Appellant (MR P ASTOR appeared on 20th February 1998)

MR MICHAEL de NAVARRO QC (Instructed by L Watmore & Co) appeared on behalf of the Respondent

J U D G M E N T

(As Approved by the Court)

(Crown Copyright)

LORD JUSTICE HENRY: This is an appeal from the judgment of His Honour Judge Previte QC, dismissing the plaintiff's claim for damages for personal injury brought against his employers, the London Borough of Southwark.

The plaintiff was an experienced carpenter, who had worked 14 years for the borough, and who was accustomed to working on his own. His supervisor, who allotted the work to him, was a Mr Hume. He also was a carpenter, he too had been with the defendants for a long time, and knew the locality.

On 25th March 1993, Mr Hume allotted the task of installing four laundry doors, one on each floor, at one of the defendant's blocks of flats. These flats had no lift. The doors in question were known as "Southwark street doors". They were larger (762mm x 1981mm x 44mm) and heavier (72lb) than internal doors. The staircase up which they had to be carried was steep and narrow. If one man was performing the task he would have to carry the door on hi...

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