BOWEN v. MILLS & KNIGHT LTD.

[1973] 1 Lloyd's Rep. 580

QUEEN'S BENCH DIVISION

Before Mr. Justice Ashworth

Shipbuilding and Ship-repairing Regulations, 1960 - Safe means of access - Staging in dry dock - Workman on platform 5ft. 6in. from dock floor - No ladders supplied - Workman's fall from slippery beam - Whether employers in breach of statutory duty - Regulations 6, 13 - Factories Act, 1961, sect. 29 (1).1 Damages - Personal injuries - Allegation that plaintiff malingering - Plaintiff suffering from psoriasis - Whether aggravated by accident - Whether plaintiff should have returned to work earlier. Costs - Payment into Court - Payment in 13 days before hearing of action - Not accepted by plaintiff - Award of damages exceeded by payment in - Whether plaintiff should pay costs of action - Discretion of Court - R.S.C., Order 62, r. 5.