Victory for 12KBW in Supreme Court

Frank Burton QC appeared for the successful appellant employee in the Supreme Court in the Scottish employer’s liability case Kennedy v Cordia (Services) LLP [2016] UKSC 6.

Judgment given on 10th February unanimously allowed the appeal reversing a unanimous decision against the Appellant in the Scottish Inner House.

The case concerned the construction of the Personal Protective Equipment at Work Regulations 1992 and the Management of Health and safety at Work Regulations 1999.

In addition the supreme court considered the case at common law which has increased relevance since the abolition of statutory duties by the Enterprise and Regulatory Reform Act 2013.The Supreme Court found the employer had a duty to undertake a risk assessment at common law .The court also gave extensive guidance on the admissibility and role of expert evidence.

Copies of the judgment and press summary can be downloaded from the website https://www.supremecourt.uk/cases/uksc-2014-0247.html