Can sole directors make injury claims against their own company?

Posted on

Who are BL Claims Solicitors

BL Claims Solicitors specialise in personal injury, clinical negligence and travel claims, providing our clients with hands-on support, nationally.

We are rated as one of the top firms in the UK and believe in speaking to our clients in jargon-free language and ensuring you're speaking to a highly qualified lawyer right from the outset

The recent case of Brumder v (1) Motornet Service and Repairs Limited (2) Aviva Insurance Limited ( 2013) explored this issue.

In this case Mr Brumder was the sole director and shareholder of a company (Motornet) which dealt with servicing motor vehicles. He was climbing down to ground level from a hydraulic ramp in the workshop when the compressor mechanism failed causing him to sever his finger.

He brought a claim against his company, Motornet and his insurers, Aviva for personal injury, loss and damage. At first instance it was accepted that the defect in the compressor was the cause of the accident. The court concluded that there was liability on the part of Mr Brumder for failing to give consideration to Health and Safety matters in the workshop and therefore he was responsible for the accident and assessed contributory fault at 100%. He therefore received no compensation.

Mr Brumder appealed this decision. The Court of Appeal upheld the decision at first instance and stated that it fell within the principle identified in Ginty v Belmont Building Supplies Limited (1959)  and Boyle v Kodak (1969). The Court held that Mr Brumder had breached his Directors duties under the Companies Act 2006 Section 174(2) (a) by virtue of the fact he paid no attention to health and safety issues. Mr Brumder was therefore a wrongdoer in this context could not derive advantage from his own wrong doing.

BL Claims Solicitors are here to help

If you would like to talk to someone and discuss a potential claim please call us on 0344 620 6600 anytime between 8am and 6pm Monday to Friday, or if you would prefer you can email us at