The court considered the meaning of the term ‘dangerous’ in the Act. Lord Justice Clerk Cooper: ‘The question is not whether the occupiers of the factory knew that it was dangerous; nor whether a factory inspector had so reported; nor whether previous accidents had occurred; nor whether the victims of these accidents had, or had … Continue reading Mitchell v North British Rubber Co Ltd: 1945
Construction of Workmen Safety Statutes The normal rule that penal statutes must be strictly construed has not been allowed to stand in the way of the protection given to the workman by the statutory language. The House considered the requirement under section 14(1) of the 1937 Act that ‘Every dangerous part of any machinery . … Continue reading John Summers and Sons Ltd v Frost: HL 1955
The plaintiff had been employed by the first defendant as a pipe fitter at two steel works occupied and operated by predecessors of the second defendant. He had worked two years at each of the sites erecting pipes, breaking into old pipes and knocking off old lagging between an inch and three inches in thickness; … Continue reading Banks v Woodhall Duckham and Others: CA 30 Nov 1955
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced hearing losses before 1989. The defendant companies now appealed against a finding of liability. … Continue reading Baker v Quantum Clothing Group Ltd and Others: SC 13 Apr 2011