Litigation Personal Injury 10/06/97

McCreesh v Courtaulds – 24 April 1997

Incident: Injury at work

Appeal issue: Contributory negligence

Appeal contentions: Plaintiff's appeal from order of Rix J Queen's Bench Division, Oldham District Registry, 6 March 1996, entering judgment for defendant in respect of injuries suffered as result of saw blade allegedly left unguarded. As the plaintiff attempted to cut wood his left hand came into contact with revolving blade resulting in severe hand injury. Appellant contended judge was wrong in failing to find defendant was in breach of statutory duty (Regulation 7 of Woodworking Machines Regulations 1974), failing to find defendant was negligent in failing to ensure circular saw was guarded and in failing to operate a device, instruct and supervise plaintiff in a safe system of work. Judge also said to have been wrong in holding that plaintiff was author of his own misfortune and was solely responsible for accident.