Chell v Tarmac Cement and Lime Ltd [2022]

The claimant was a site fitter employed by Roltech Engineering Ltd and he was contracted out to the defendant. The issue arose in September 2014 when the claimant was injured as a result of a practical joke on site. This involved the use of a pellet target which caused an explosion and led to the claimant suffering a perforated eardrum, hearing loss and tinnitus. The issue for the court was whether he could claim damages against the employer.   Both the County Court and the High Court held that the employer was not vicariously liable. 

The claimant brought an appeal to the Court of Appeal citing that there was an error of law in the application of the ‘sufficiently