Lee v Lee's Air Farming

This is a tragic case. Nothing in this judgment is intended to minimise the loss and suffering of the Claimant, his family and his friends.

This is also not a straightforward case. Resolving it has not been easy and has taken some time.

As well as my detailed trial notes, I have full transcripts of the hearing which I have consulted whilst writing this judgment. I also was supplied with various written submissions by the parties, before and after the trial, for which I am grateful.

It is common ground that the safety rail failed because of corrosion in the front near side guard pillar. An area of the pillar just above where it had been welded to the unit had almost entirely corroded away. That pillar then snapped when force was applied to it, causing the cables to give way and the Claimant to fall from the top deck.

The transporter was owned by Brands. The Claimant was Brands’ sole director and an 80% shareholder. His partner Michelle Parsons owned the other 20%. The Claimant was paid a salary. Ms Parsons did some administrative work for the company and also received a salary.