Cleightonhills v Bembridge Marine Ltd - "extent of the duty to warn"

Cleightonhills v Bembridge Marine Ltd [2012] EWHC 3449 (TCC) - 5th December 2012: The Claimant in this case was a young man employed by the Defendant. The Defendant repaired, maintained and fitted out boats. The Defendant had had commissioned and had built a new workshop and warehouse, which had been completed some sixteen months before the Claimant's accident. One feature of this new workshop was a walkway floored with a metal grille some 10 - 12 feet above the ground.

This judgment concerned the liability of three of the six parties brought in by the Defendant. Mr Justice Akenhead rehearsed the principles relating to the extent of the duty of care owed by contractors to a third party (at para 41). He concluded (at para 69) that these three Defendants had discharged their duty of care. The court considered the principles in Clay v AJ Crump & Sons and others [1963] 1 QB 533 (at paras 72 - 74) and the extent of the duty to warn (paras 76 - 79).

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