WRULD DB-Defendant: Whitbread plc

Case Date Court Claimant Task Injury Judgment for
Kirchin - v - Whitbread plc 19 Jul 2001 Luton County Kirchin DSE use: telephone switchboard Lateral Epicondylitis, Cervical Spondylosis Defendant

The precise circumstances in which this claim arose are unclear from the currently available reports of this County Court Judgment (no official transcript of the Judgment is available). The claim appears to have failed because the Claimant did not establish that the symptoms for which she sought damages were caused by her work. The Recorder evidently concluded his Judgment by saying:

The Claimant has not proved on the balance of probability that her symptoms were caused by or exacerbated by actions in the course of her employment. I find only relatively minor breaches of statutory duty - which had no causative impact upon her symptoms. There is absolutely no evidence to support an allegation in negligence. Accordingly the Claimant's claim is dismissed.

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Last updated: 16/10/2009