Michael Eyres v Atkinsons Kitchens and Bedrooms Ltd
| Jurisdiction | England & Wales |
| Judge | The Rt Hon. Sir Martin Nourse,Lord Justice Ward,Lord Justice Moore-Bick |
| Judgment Date | 24 April 2007 |
| Neutral Citation | [2007] EWCA Civ 365 |
| Date | 24 April 2007 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | Case No: B2/2006/1314 |
Court of Appeal
Before Lord Justice Ward, Lord Justice Moore-Bick and Sir Martin Nourse
A kitchen fitter who suffered serious injuries in crashing his employer's van caused by a micro-sleep after being awake for 19 hours would be one third responsible for the accident.
The Court of Appeal so held in a reserved judgment allowing an appeal by Michael Eyres from Mr Justice Crane, who sitting in Leeds, on May 24, 2006, had found for the employer, Atkinsons Kitchens and Bedrooms Ltd.
Mr Gerard McDermott, QC and Mr Andrew Short for Mr Eyres; Mr Frank Burton, QC and Mr William Featherby for Atkinsons.
LORD JUSTICE WARD said that all the circumstances had to be analysed to see where the balance of probabilities lay. The judge had taken account of all the circumstances but, essentially, had failed to analyse them to balance one probability against the other.
Expert evidence was that a micro-sleep lasted from 1 to 10 seconds and the subject might not recall it. Further, there was witness evidence that before the accident there had been nothing wrong with the claimant's driving.
Taking all the factors into account and...
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