Jurisdiction(s):
United Kingdom

Employer's duty outside working hours and Sanderson orders: Pashamov v Taylor [2025] EWHC (KB) on incidental employment, contributory negligence and inter-defendant costs (England and Wales)

Published on: 24 July 2025

Published by a LexisNexis PI & Clinical Negligence expert

Legal News

Article summary

What are the practical implications of this case?

This ruling deepens the existing jurisprudence, equipping advisers to identify when an injured worker’s conduct remains sufficiently connected to their job, even after they have finished their paid shift. It offers a crisp survey of the leading authorities on that point and will aid both claimant and defence practitioners in guiding clients on potential exposure. On costs, the judgment neatly distils the doctrine of Sanderson orders—namely, the circumstances in which an unsuccessful defendant should meet the costs of a successful defendant, together with the claimant’s costs incurred in pursuing the losing claim. The judge undertook a thorough evaluation of all factors bearing on the grant of such relief. As a result, the decision provides a practical and illuminating example of the applicable principles. Both sides will find the analysis relevant when advising on liability.

What was the background?

The claimant worked for the second defendant, a farming enterprise, carrying out tasks in its fruit fields. Staff were transported to and from the fields each day...

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