Harold has been involved in an accident at work. He suffered severe spinal injuries and is unlikely to be able to return to work for some time.What type of case is this? Which court might the case appear before? What could be the outcome of the case?

The case involves civil law procedures because the civil justice system is designed to decide disputes between individuals. A civil claim will therefore arise because Harold would have the right to seek remedy for the losses he would have to withstand. Once the decision to go to court has been taken, proceedings will be started in either the High Court or the County Court depending on the amount claimed.  

Alternatively, Harold can take this case to an 'industrial tribunal' where workers claim compensation from their employers on the grounds that his personal injuries occurred at work. If proven that there has been a case of breach of contract, an award of damages is made with the objective to place the claimant in a similar position, as far as money is concerned, as he would have been had the contract not been broken. This tribunal is said to provide a cheap, informal, quick and expert means to of resolving such disputes.

Harold (the claimant) could sue his employer (the defendant) for the Tort of Negligence.  In order to have a successful negligence case three ingredients are needed:

1. a duty of care is owed by the employer to Harold

1. The breach of that duty by the employer

1. Severe spinal injuries suffered by the claimant and caused by the employers' breach that is a foreseeable consequence of the breach.

Lord Atkin was the first person to have identified the ingredients of negligence in the case of Donoghue v Stevenson (1932).

If all the above indicated ingredients are present in Harold's case, then, his employer would clearly be found liable of Negligence. As a result he could be awarded compensation in an amount up to £50,000 (the maximum by an industrial tribunal).