Stephen Killalea KC wins employers liability case

Andrew Carr (A Protected Party) v Brands Transport Ltd & Another [2022] EWHC 3167 (KB) - J Knowles, Birmingham District Registry.

Stephen Killalea KC acted for a brain damaged Claimant in an employer’s liability case establishing liability against the employer, subject to a reduction for contributory negligence.

The case involved substantial legal issues including employee definition, employer’s liability for independent contractor, non-delegable duties of employer and application of Employer’s Liability (Defective Equipment) Act 1969.

Mr Justice Knowles found that Brands Transport Ltd was liable for the claimant’s injuries. The claimant was found contributorily negligent and damages were then reduced by 40%. Thus, the judgment was made for the Claimant for 60% of his damages to be assessed.

This judgment serves as a detailed and comprehensive review of specific areas of personal injury claims in the context of employment.

Stephen Killalea KC was instructed by Stephen Nye of Irwin Mitchell.

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