WRULD Claims heard in Courts in England, Scotland and Wales
Hearing(s) - Kirchin - v - Whitbread plc
| Date | Court | Claimant(s) | Task | Injury | Judgment for |
|---|---|---|---|---|---|
| 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