Employers liability for injury to home carers

Kennedy v Cordia (Services) LLP (Scotland) [2016] UKSC 6

Counsel: For the appellant: Frank Burton QC, Ian Mackay QC, Euan G MackenzieFor the respondent: Andrew Smith QC, Jillian Martin-BrownSolicitors: For the appellant: Digby Brown LLPFor the respondent: In-house solicitor

The Supreme Court has held that an employer was liable for injuries suffered by a home carer when she slipped and fell on an icy path in the course of her employment. For some time, the risk of accidents of this kind has been a matter of concern to authorities responsible for providing health and social care in the community, at a time when there is a strong drive to treat more patients in their own homes. Here, failure to carry out a suitable risk assessment and provide personal protective equipment had amounted to breaches of the Management of Health and Safety at Work Regulations 1999 (SI 1999 No 3242) reg 3(1) and the Personal Protective Equipment at Work Regulations 1992 (SI 1992 No 2966) reg 4(1). This case also concerned the role of expert witnesses in civil cases. The Supreme Court issued guidance on the use of expert evidence, and its admissibility in civil cases, the responsibility of a party’s legal team to ensure that the expert performed his role, the role of the court in policing the performance of experts in the course of their duties, and the need for economy in litigation.