IN THE HIGH COURT OF JUSTICE
KING’S BENCH DIVISION
Harrow v Kestrel Logistics Ltd
Before: Mrs Justice Holloway
JUDGMENT
Mrs Justice Holloway: This claim arises from the collapse of a loading bay at the Defendant’s warehouse on 14 March 2024. The Claimant was represented by Ms Priya Raman and the Defendant by Mr Thomas Whitby. I heard oral evidence over four days.
The principal eyewitness, Mr Daniel Okafor, was a forklift operator on the night shift. Mr Okafor told the court that the warning lights on the bay had been out of order for several weeks, and that he had reported this twice. A second witness, Ms Margaret Ellison, a contractor who inspected the bay in February, confirmed that her report recommended immediate repair. I found both witnesses careful and credible.
An occupier’s duty of care to those lawfully on its premises is well established, and I take as my starting point the neighbour principle in Donoghue v Stevenson [1932] AC 562. Whether it is fair, just and reasonable to impose a duty in novel circumstances is governed by Caparo Industries plc v Dickman [1990] 2 AC 605, but these circumstances are not novel. Mr Whitby submitted that the losses claimed were too remote. That submission must be tested against Hadley v Baxendale (1854) 9 Exch 341.
Having considered the evidence of Mr Okafor and Ms Ellison alongside the documents, I am satisfied that the Defendant knew of the defect and failed to act. The claim succeeds on liability. Damages will be assessed at a further hearing. I am grateful to Ms Raman and Mr Whitby for their clear and focused submissions.