Benjamin Rose appeared in the Admiralty Court, a specialist Court within the King’s Bench Division of the High Court on 11 March 2025.
Benjamin was instructed on behalf of a Border Force Maritime Officer who was engaged in rescuing migrants in the English Channel. Having returned to Dover, the claimant was assisting a paramedic to board the rescue vessel, when he slipped on a contaminated access point and fell 2.5 feet onto the deck, fracturing his ankle. The claimant was still suffering almost 2 years after the injury and was ultimately medically discharged.
The defendant in this case, the Home Office, defended on the grounds that being engaged in Search and Rescue meant that fitting a guard or handrail was unreasonable as it was time-consuming, would impede mooring ropes, and could be used as a weapon against the crew. The defendant relied on the assertion that there was no more they could do to mitigate against unavoidable risk in a dangerous job.
Benjamin was able to deploy arguments that this was incorrect, citing the Home Office’s own risk assessments, investigation reports, and pointing to the lack of any evidence from the CO, or the crew on the day. His cross examination elicited acceptance that the investigation had ten recommendations for actions to improve or mitigate against a repeat of this accident.
The Admiralty Registrar found that there was no credible reason for the rail not to be fitted, and awarded £9000 for pain, suffering, and loss of amenity. Costs are to be assessed.
Benjamin is available to advise on matters relating to injury at sea under the Athens Convention, the Code of Safe Working Practice for Merchant Seafarers, and the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997. Benjamin is also an RYA ticketed skipper.
He was instructed by Stephen Robinson of Wilkin Chapman Solicitors.