Guernsey Judgment 15-2008 - Stone v Hickman

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Health and Safety at Work (General) (Guernsey) Ordinance, 1987 - personal injury claim by fisherman - action for breach of contract, negligence and breach of statutory duty - plaintiff's appeal from Jurats' finding of 40% contributory negligence - Deputy Bailiff had expressly directed the Jurats that they would only have to consider contributory negligence if they were satisfied that a pot had fallen and had been picked up by the plaintiff - the Jurats had found that a pot did not fall - held that the Jurats had made findings which were mutually contradictory if they had followed the directions of the Deputy Bailiff - no other evidence of contributory negligence upon which the Jurats could have relied - appeal allowed and finding of contributory negligence discharged - no criticism of the Jurats who had been faced with an exceedingly difficult task