1, is a leading tort case decided by the House of Lords. Registered Data Controller No: Z1821391. The Coal Board was successful at the lower courts, which McGhee appealed. Why McGhee v National Coal Board is important. Two possible causes were identified for McGhee’s dermatitis: exposure to brick dust during the working day, and the continued exposure received between the end of the day and being able to wash at home. An employee contracted dermatitis having been required to empty brick kilns in dusty conditions. In McGhee v National Coal Board (Weinrib: 1975) the claimant contracted dermatitis after working in a kiln. Simon of Glaisdale sums up the reasons thusly: Where an injury is caused by two or more factors operating cumulatively, one or more of which is a breach of duty and one or more of which is not so, in such a way that it is impossible to ascertain the proportion in which the factors were effective in producing the injury or which factor was decisive, the law does not require the plaintiff to prove the impossible, but holds that he is entitled to damages for the injury if he proves on a balance of probabilities that the breach of duty contributed substantially to causing the injury, Material increase in risk was treated as equivalent to a material contribution to damage, Lords Reid, Wilberforce, Simon of Glaisdale, Kilbrandon, and Salmon. Case: McGhee v National Coal Board [1972] UKHL 7. 21 McGhee v National Coal Board [1973] 1 WLR 1. This case document summarizes the facts and decision in McGhee v National Coal Board [1973] 1 WLR 1. Do you have a 2:1 degree or higher? Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Instead, the claimant only needs to show that the employer ‘materially contributed’ to his injury by increasing the risk: McGhee v National Coal Board [1973] 1 WLR 1. McGhee v National Coal Board [1973] 1 WLR 1 House of Lords The claimant worked at the defendant's brick works. McGhee v National Coal Board [1973] 1 WLR 1 Facts: The plaintiff contracted dermatitis due to exposure to dust, when cleaning brick kilns for the defendant. In the course of the present appeals much argument was directed to the decision of the House in McGhee v National Coal Board [1973] 1 WLR 1. When a defendant has been proved to have negligently contributed to the development of an injury, should they be liable if it can be shown that the plaintiff’s actions also led to the development, and the exact cause is unknown? After reading this chapter you should be able to: ■Understand the usual means of establishing causation in fact, the “but for” test ■Understand the problems that arise in proving causation in fact where there are multiple causes of the damage ■ Understand the possible effects on the liability of the original defendant of a plea of novus actus interveniens, where the chain of causation has been broken ■Understand the test for establishing causation in law, reasonable foreseeability of harm, so that the damage is not too r… The Lords held that where a breach of duty has a material effect on the likelihood of injury then the subsequent injury will be said to have been caused by the breach. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. Case Information. 22 [1973] 1 WLR 1 at 6. We also have a number of sample law papers, each written to a specific grade, to illustrate the work delivered by our academic services. McGhee v National Coal Board [1973] The case involved the negligence in not providing a shower to the plaintiff that contributed to his developing a dermatitus. McGhee v National Coal Board 1973 1 WLR 1 www.studentlawnotes.com ... AEC. Subsequently, employees could not wash off the dust till they returned home. McGhee was an employee the National Coal Board, and generally worked emptying pipe kilns. Publication date: 1 March 1973. McGhee v National Coal Board: HL 1973 The claimant who was used to emptying pipe kilns at a brickworks was sent to empty brick kilns where the working conditions were much hotter and dustier. *You can also browse our support articles here >. The case was confused somewhat by the plaintiff riding a bicycle home, which irritated the existing coal dust on his skin thereby aggravating [or causing] the dermatitus. Case Brief Wiki is a FANDOM Lifestyle Community. This work caused him to get very sweaty, and powdered brick caked on to his skin. 23 Wilsher v Essex Area Health Authority [1988] AC 1074, [1988] 1 All ER 871. ATTORNEY(S) ACTS. Looking for a flexible role? To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! McGhee v National Coal Board: Case Summary . The claimant, McGhee, contracted a skin condition (dermatitis) in the course of his employment with the defendant, the National Coal Board. At the conclusion of each workday, he bicycled home without washing, because the defendants failed to provide any washing facilities at the brickworks (a breach of duty). In McGhee v National Coal Board [1973] 1 WLR 1, the plaintiff was employed by the defendants as a labourer at their brick-works. Case Summary VAT Registration No: 842417633. The earlier stages of that case are reported at 1973 SC(HL) 37 and are important in understanding what the House decided. 1953. McGHEE v. NATIONAL COAL BOARD - Author: Reid, Wilberforce, Simon of Glaisdale, Kilbrandon, Salmon. (II) McGhee v National Coal Board: In McGhee v National Coal Board, Mr McGhee was employed by the National Coal Board for around fifteen years, and spent the majority of his time working in pipe kilns. No Acts. Advanced search. In-house law team. 1 Facts 2 Issue 3 Decision 4 Reasons 5 Ratio McGhee was an employee the National Coal Board, and generally worked emptying pipe kilns. 79. The Claimant worked in the Defendant’s brick works, a hot and dusty environment. Dermatitis as a result of coal dust, failure to provide adequate washing facilities materially contributed to the risk of contracting dermatitis. McGhee v National Coal Board [1972] 3 All ER 1008 C was working in dirty conditions and developed dermatitis. However, one day he cleaned out brick kilns. 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