header-logo header-logo

10 July 2009 / Brent Mcdonald
Issue: 7377 / Categories: Features , Health & safety , Personal injury , Employment
printer mail-detail

Making a connection

Smith has forced the courts to re-evaluate the concept of control,says Brent McDonald

In Smith v Northamptonshire County Council [2009] UKHL 27, ALL ER [2009] All ER (D) 170 (May) Mrs Smith was a carer and driver working for the defendant. On the day of her accident, as she had done for eight years previously, she attended at a private house to convey the occupant, who was a wheelchair user, into the minibus. To do so she had to wheel the claimant down a wooden ramp which had been installed at the client’s home by the NHS.

Although the council had carried out an inspection of the ramp (which, it was agreed, would not have revealed a defect) and asked Mrs Smith to visually inspect the ramp before using it, they had no right to call for its removal, to repair it or otherwise exercise control over it.

Due to rotting which could not be seen, the edge of the ramp gave way as the claimant crossed it, causing the claimant to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
back-to-top-scroll