Particulars of claim—vicarious liability and breach of the Provision and Use of Work Equipment Regulations 1998 and the Lifting Operations and Lifting Equipment Regulations 1998

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  • Particulars of claim—vicarious liability and breach of the Provision and Use of Work Equipment Regulations 1998 and the Lifting Operations and Lifting Equipment Regulations 1998

Particulars of claim—vicarious liability and breach of the Provision and Use of Work Equipment Regulations 1998 and the Lifting Operations and Lifting Equipment Regulations 1998

[In the COUNTY COURT AT [insert]

OR

In the High Court of Justice]

[[Specify division]]

[[Insert location] District Registry]

Claim No:

Between

  1. [Insert name]        Claimant

  1. and

  1. [Insert name]        First Defendant

  1. Second Defendant

________________________________________________

Particulars of claim

________________________________________________

    1. 1

      At all relevant times, the Claimant was working as a [insert job title eg Delivery Driver] for [insert employer’s name eg Plant Hire Limited]. In the course of his work, on [insert date of accident], he was required to deliver a power float (‘the float’) to the First Defendant’s premises at [insert address].

    1. 2

      Upon the Claimant’s arrival at the premises, the First Defendant explained to the Claimant that he intended to unload the float from the truck using a JCB. The First Defendant explained to the Claimant that there would be various people on site who would assist in this process. The Claimant assumed (reasonably) that the First Defendant was the contractor who had hired the float or was otherwise in authority on the site and assented to the course of action proposed.

    1. 3

      Once the float was within the premises, the Claimant moved the JCB into position with its arm positioned slightly above the float. By this stage, the Claimant and the First Defendant had been joined

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