Total Mark on the OWE: 54/100. I still managed a 67 on the module, so don’t take the
SBAQs lightly. My problem with Tort was I completely mismanaged the time and had
like 10 minutes in total for Part B. Plan your time better!!
My top tip for all the OWE exams is make sure you have model answers ready
for each topic with EXCAT references, and every part of the actual law
SPELLED out in full. In addition to that, if, given the law, the fact pattern could
lead to either outcome A or B, the examiners expect you to mention both of
those, even if B is the correct outcome, you will still need to explore A (with all
references, explanation, etc). Your answer should use up nearly all the word
count allowance; mine clearly didn’t and I lost a lot of marks because of that.
Plus, because I spent so much time adding meat to my Part A answer, I didn’t
have the time to complete Part B properly which I completely flopped.
Tort Examination – Part A
You are a trainee solicitor with Manners and Co Solicitors of Norwich. Your supervising
solicitor is Andrew Burrows.
A new client, Theresa Hunt, has contacted Andrew. Theresa suffered an accident at work in
August 2023 and has instructed your firm. Andrew took a statement from her (see
DOCUMENT A attached). Theresa also gave Andrew a copy of the employer’s safety policy
(see DOCUMENT B attached) obtained from a friend of hers still working there.
Andrew asks you to read DOCUMENT A and DOCUMENT B and research the health and
safety regulations that are relevant to Theresa’s claim against Science Labs Ltd. Andrew tells
you that he that he knows that there are relevant regulations covering personal protective
equipment, manual handling and the control of hazardous substances.
Andrew also tells you that he knows that the regulations cannot be used to bring a breach of
statutory duty claim but that any breaches of the regulations may be relevant to Theresa’s
claim in negligence.
My notes:
(1) Identify all the possible claimants and defendants.
Theresa – claimant
Mike – Defendant, but he will have discharged his duty
The employer – defendant
(2) Identify the nature of the loss for each potential claimant.
Loss: personal injury, loss of income, pain and suffering
(3) Consider which torts (there may be more than one) may be relevant.
Negligence
(4) Explain the elements of the relevant tort(s).
(5) Apply the law for the relevant tort(s) to the facts of the case, discussing any particular issues that
may arise.
(6) Identify any arguable defences and discuss these in relation to the facts of the case.
(7) Reach a conclusion if possible on whether the defendants will be liable.
(8) Consider what the possible remedies are.
, DOCUMENT A
DRAFT WITNESS STATEMENT
Theresa Hunt of 55 Newmarket Way, Hollamby, Norfolk will say as follows:
1. I am a cleaner currently on sick leave. I am 45 years old (date of birth 20 January
1978). Before my sick leave commenced I was working part time with Science
Labs Ltd, of Eustace House, Walton Street, Ipswich IP99 5PN. Science Labs is a
provider of medical forensic services to police forces and healthcare
organisations. I started working for them as a part time employee in September
2022.
2. My normal routine involved arriving at 6.00am on my work days, and changing
into protective clothing provided by Science Labs. The clothing was introduced in
May 2023 following a new risk assessment and training, both of which were
introduced that month. The clothing consisted of lightweight overalls which went
over my trousers, a protective jacket and gloves. The jacket was meant to be
designed so that the sleeves fitted snugly on top of the gloves, to provide an
effective seal against the penetration of any dangerous fluids. In fact, the sleeves
of the jacket supplied to me were far too long, and they hung over the end of my
hands. This made it hard for me to handle buckets, mops, containers, and the
like.
3. On 18 August 2023 I mentioned this problem about my protective jacket and its
over long sleeves to my supervisor, Mike Shah. He made a note in his
supervisor’s daybook and said he would speak to head office about it. He told me
later that day he had emailed the Services Team about the matter. Mike then
went on leave for two weeks (until 1st of September). Sometime during the next
week (commencing 22 August) as I had heard nothing from the Services Team I
sent an email to the Human Resources Team explaining that I needed a new
jacket. I heard nothing from them, either, and I don’t have a copy of what I sent
any more. My way of dealing with the overlong sleeves was to roll them up. This
meant that they did not fit snugly over the gloves.
4. On 30 August at about 11.00am I was cleaning a corridor in the basement. At the
beginning of the day I had been given a memo by the Services Team telling me
that the area was unusually dirty following the arrival of large amounts of stock. I
was instructed to take, from a top shelf in one of the storerooms, a ten litre
container of Zap Extreme, a powerful detergent, and mop the corridor thoroughly.
5. I entered the storeroom and could see the Zap Extreme on the shelf. It was
higher than I had expected – at a level of about eight feet, I would guess. Mike
Shah has since told me that there are plans, available on site, which provide the
dimensions and height of the shelves within the storeroom. I’m a tall woman (I
am six feet tall), but I had to stand on tiptoe and reach up to collect the container.
As it was at such a tricky angle I couldn’t hold it by the handle and instead put my
hands around the sides of it. A ten litre unit is pretty big and heavy, and I
remember thinking as I extended my arms that I should perhaps get help. At the
May 2023 training the trainer had said that there was no shame in asking for
assistance if we felt uncomfortable in a particular task. The memo from the
Services Team had however been marked ‘Urgent’ and the whole tone of the
, communication was that the job needed to be done as soon as possible, and
delays or queries would not be welcome.
6. As I pulled the container down it slipped from my hands owing to its shiny
exterior, which was similar to a large tin. The container fell towards me and the
top, which was not on securely, slipped off. The contents tipped out and splashed
on my face, with a lot going onto my jacket. My eyes immediately began to sting.
My jacket protected most of my upper body, but not my arms as the fluid
splashed down into the arms of the jacket.
7. I fell to the floor in agony. The liquid, which I now understand to be toxic and acid
like, caused intense pain to my eyes. I felt a burning sensation on my eyebrows,
cheeks, nose and lips and my eyes stung. My forearms also burned where the
liquid had splashed onto them. One of my colleagues heard me screaming and
arrived within 30 seconds, and splashed water on my face and arms, which
provided some relief. Shortly after that first aiders arrived and I went to the
Norwich City NHS Trust Hospital in an ambulance.
8. A member of the Services Team subsequently told me that he completed an
accident report on same date. He said he had no idea how the top of the
container worked loose, and had mentioned this in the report. He also said he
was unsure why the container was on such a high shelf. He thought that it was
obvious that employees should work in pairs when handling such large objects
placed in relatively inaccessible areas. Apparently the whole business was
discussed at a meeting of the Health and Safety Committee on 13 September
2023, the aim being to prevent an accident such as mine happening again.
9. Mike Shah visited me at home when I was convalescing and said it was normal
for the Services Team and Human Resources Team to respond to emails within
three working days. He was surprised they hadn’t got back to him and me about
the jacket. He also said it didn’t appear that I had complied with Science Lab’s
new Safety Policy on cleaning the company’s basement areas. I said I hadn’t
even seen the Policy. He said that it was the responsibility of every employee to
familiarise themselves with these documents, and not complying with it would
look bad on my part. I am adamant that I was not shown it at any time, nor told
about it before the accident.
10. At the Norwich City NHS Trust Hospital I received treatment to my eyes,
eyebrows, cheeks, nose, lips and forearms. Owing to the prompt intervention of
my colleague the injuries to my eyes and face were not long lasting, and my
eyesight is completely unaffected. I have scars on my cheeks and nose. My lips
are also unusually tender and sensitive.
11. I was in hospital for three days. During that time I had a skin graft operation to my
left forearm, which was successful. I was then discharged on 2 September and
spent a week at home in bed convalescing. My recovery time was slow – for my
first two weeks at home I was in constant pain from my arm injuries, and my
upper thigh where the skin for the skin graft was obtained, and could only sleep
fitfully. In fact my injuries were such that I have not yet returned to work.
Throughout I have been receiving treatment from the outpatient team at the
