The claimant sustained injuries when he fell from a ladder at work. The defendant appealed the fi rst instance decision in which judgment was held in the claimant’s favour. It was argued that by climbing a ladder without waiting for it to be footed – and in disregard of a previously followed system – meant that the claimant was wholly to blame for the accident.

The defendant’s appeal failed. It was held that when considering liability in negligence for a fall from a height by a worker in the workplace, the starting point was to consider whether the accident was a result of a breach of the Work at Height Regulations 2005 and not the conduct of the worker.