Clyde & Co Successfully Defend Claim On Behalf Of Fairground Owner

Clyde & Co has successfully defended a claim on behalf of a fairground owner, which resulted from the unsafe manoeuvring of a HGV severely injuring the Claimant on Cambridge Common.

The event organiser had alleged that during the stage where the fairground materials were being brought to site and constructed, our client was responsible for control, possession and management of the Common, including those areas outside the fairground site. We successfully argued that the circumstances and contractual documentation indicated that our client held no liability for the Claimant's injury; having occurred away from the fairground site.

Our client was held to have no liability to the Claimant or the co-Defendants.

Background

The Claimant was pushing her bike across Cambridge Common; a bonfire event, including a fairground, was being set up in the area. As she walked across the Common, a HGV carrying dodgems for the funfair collided with her, trapping her underneath the vehicle. Unfortunately, the Claimant suffered very serious injuries, including the amputation of her right leg.

In 2018, the event organiser, Cambridge Live was convicted of offences under section 3(1) of the Health and Safety at Work Act 1974 as it failed to conduct its undertaking in such a way as to ensure that persons not in its employment, namely the Claimant, were not exposed to risks to their health and failed to make a suitable and sufficient risk assessment.

The Claimant issued proceedings against:

the self-employed driver of the HGV ("D1"));

Cambridge Live ("D2"); and

our client, Stanley Thurston, the owner of the fairground ("D3").

The Claimant alleged that D1 had not taken sufficient care when manoeuvring his vehicle resulting in her injuries. D2 and D3 were later added to proceedings. The Claimant alleged that both D2 and D3 were responsible for the operation and management of the fairground activities, and failed in those duties by allowing her to walk across the Common whilst preparatory work was ongoing.

D2 alleged that the safe movement of the vehicles on the site was the responsibility of D3 alone. We denied those allegations on behalf of D3, submitting that D2 retained control, possession and management of the Common, including the site of the fairground. D2 also brought an additional claim against our client for a contractual indemnity and/or contribution pursuant to an Open Space Hire Agreement ("OSH Agreement").

The matter proceeded to a Trial on the issue of...