The High Court has assessed contributory negligence at 20% in a catastrophic workplace injury claim involving a demolition grab attached to a Caterpillar Waste Handler, rejecting the defendant’s argument that damages should be reduced by 40%.
We acted on behalf of the claimant, Mr Robert Geoffrey Richardson, in the case of Richardson v William Beech Skip Hire Ltd [2026]. Henry Pitchers KC, whom we instructed, represented Mr Richardson at the High Court hearing. Vicky Blodwell and Anna Bishop represented Mr Richardson from our serious injury team.
How our client sustained his serious injury
The claim arose from a serious accident at the defendant’s premises in November 2024. Mr Richardson, who runs an agricultural machinery business, attended the site to obtain details from a demolition grab fitted to a Caterpillar Waste Handler. While attempting to obtain the relevant information, the grab suddenly moved and struck his legs, crushing him against the machine.
As a result of the accident, Mr Richardson underwent bilateral through-knee amputations. He also sustained an injury to his little finger and suffered psychological injury.
Primary liability had already been admitted by the defendant, with judgment entered in Mr Richardson’s favour and damages left to be assessed. The issue before the High Court was whether Mr Richardson had been contributorily negligent and, if so, to what extent.
Defendant’s stance
The defendant contended that Mr Richardson had placed himself in a dangerous position while the machine remained running and argued that his own risk assessment identified a risk of injury. On that basis, they submitted that contributory negligence should be assessed at 40%, or at no less than one-third.
Our primary position was that there should be no finding of contributory negligence. In the alternative, we argued that any reduction should be limited to between 10% and 15%.
Her Honour Judge Emma Kelly
Her Honour Judge Emma Kelly, sitting as a Judge of the High Court, found that Mr Richardson had been contributorily negligent but rejected the defendant’s argument for a significantly higher deduction.
The Court found that Mr Richardson’s decision to move towards the grab while it was still moving placed him in a position of danger and that the principles of a risk assessment applied, regardless of how the task was described. However, the Judge also concluded that the “weight of the responsibility” rested with the defendant, which had control of the Caterpillar.
Importantly, the Judge found that the defendant’s submissions failed to properly reflect the significance of its responsibility for failing to control a heavy piece of moving machinery. The Court therefore concluded that a just and equitable apportionment was a finding of 20% contributory negligence against Mr Richardson. In practical terms, this meant that the defendant was found to be four times more responsible for the accident than our client.
We believe this judgment will be of particular interest to practitioners handling catastrophic injury and workplace accident claims, especially in cases where defendants seek substantial deductions for contributory negligence involving dangerous machinery under their control. The decision also serves as a reminder that apportionment remains a matter requiring careful and balanced judicial assessment.
Comment from Henry Pitchers KC
“The pro-active approach of Lime- issuing within a few months of the accident after unsatisfactory responses from the other side – really bore fruit. The question of contributory negligence has been resolved decisively and at a level more favourable than the Claimant’s Part 36 offer of 21%.”
Comment from Vicky Blodwell
“This was a truly life‑changing injury for Mr Richardson, and we are pleased that the court recognised where the primary responsibility lay — with those operating dangerous machinery. The judgment reflects a fair and balanced outcome, while acknowledging the devastating impact this accident has had on our client.”
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