The defendant company appealed against its conviction under the 1974 Act after a driver was buried under the load when his truck overturned on a work-site. Held: The appeal failed. The policy of the 1974 Act was to impose a positive burden on employers, rather than simply disciplining them for the breach of specific obligations. … Continue reading Chargot Ltd (T/A Contract Services) and Others, Regina v: CACD 13 Dec 2007
Citations: [2009] EWCA Crim 655, [2010] 1 Cr App Rep (S) 6, [2009] Crim LR 603 Links: Bailii Statutes: Health and Safety at Work Act 1974 Jurisdiction: England and Wales Criminal Sentencing, Health and Safety Updated: 06 December 2022; Ref: scu.330973
Citations: [2020] EWCA Crim 1635 Links: Bailii Statutes: Construction (Design and Management) Regulations 2015 19(1), Health and Safety at Work Act 1974 Jurisdiction: England and Wales Crime Updated: 01 December 2022; Ref: scu.656605
Appeal with the leave of the single judge against the sentence of a fine in the total sum of pounds 400,000 imposed by HHJ Rivlin QC, the Recorder of Westminster, for two offences charged under the Regulatory Reform (Fire Safety) Order 2005. One of the questions which has arisen in the appeal is whether and … Continue reading New Look Retailers Ltd v London Fire and Emergency Planning Authority: CACD 16 Jun 2010
Appeals against fines totalling pounds 48,000 and an order for costs of pounds 7,500 imposed in respect of four offences under the Health and Safety at Work Act 1974 and related regulations. Citations: [1998] EWCA Crim 3531, [1999] 2 Cr App R (S) 37, [1999] 2 All ER 249 Links: Bailii Statutes: Health and Safety … Continue reading F Howe and Son (Engineers) Ltd, Regina v: CACD 6 Nov 1998
Citations: [2003] EWHC 2934 (QB) Links: Bailii Statutes: Health and Safety at Work etc. Act 1974 Jurisdiction: England and Wales Health and Safety Updated: 04 November 2022; Ref: scu.188748
The claimants sought damages for damage to property alleging breach of statutory duty. The defendant said that the regulations were made under European not English law, and that the Secretary of State did not have power to make regulations under the 1974 Act which would give rise to a right to damages. The regulations had … Continue reading Vibixa Ltd, Polestar Jowetts Ltd v Komori UK Ltd and Another, Spectral Technology Ltd: CA 9 May 2006
Judges: Lord Justice Bean Citations: [2021] EWCA Crim 359 Links: Bailii Statutes: Health and Safety at Work Act 1974 33(1)(a) Jurisdiction: England and Wales Crime Updated: 13 October 2022; Ref: scu.659657
The HSE sought answers from the company, and prosecuted when it got none. They sought judicial review of the magistrates decision to refuse a case stated. Held: The answers sought were under a section which disallowed any prosecution of the person answering, and therefore the section was to be construed widely. As such there was … Continue reading Wandsworth, Regina (on the Application Of) v South Western Magistrates Court: Admn 1 May 2003
Outer House – Opinion – In May 2004 an explosion at the defenders factory caused nine deaths. A pipeline carrying LPG gas had not been assessed for risks. Morrison owned neighbouring premises which were damaged. They began an action for damages. The defenders said that the claim was out of time, but the claimants said … Continue reading David T Morrison and Co Ltd v ICL Plastics Ltd and Others: SCS 9 Mar 2012
The general run of fines imposed for Health and Safety breaches is too low. Penalties should be increased where the standards were compromised for cost cutting, for the degree of lapse, and where a fatality resulted. The same standards apply for both small and large companies, but there can still be no general tariff. Citations: … Continue reading Regina v F Howe and Son (Engineers) Limited: CACD 6 Nov 1998
Lord Cairns said: ‘A reason for the dismissal of an employee is a set of facts known to the employer, or it may be of beliefs held by him, which cause him to dismiss the employee. If at the time of his dismissal the employer gives a reason for it, that is no doubt evidence, … Continue reading Abernethy v Mott Hay and Anderson: CA 1974
Citations: [2018] EWCA Crim 176 Links: Bailii Statutes: Health and Safety at Work etc Act 1974 7 Jurisdiction: England and Wales Crime Updated: 09 September 2022; Ref: scu.623977
Appeal from prohibition notices. Judges: John Howell QC Citations: [2021] EWHC 371 (Admin) Links: Bailii Statutes: Health and Safety at Work etc. Act 1974 22 Jurisdiction: England and Wales Health and Safety Updated: 27 August 2022; Ref: scu.658889
Judges: Coulson J Citations: [2014] EWHC 122 (QB) Links: Bailii Statutes: Health and Safety at Work Act 1974 Jurisdiction: England and Wales Crime, Health and Safety Updated: 18 August 2022; Ref: scu.559170
The applicants were detained at Rampton. The form of detention denied the access to space in which they would be able to smoke cigarettes to comply with the law. Held: The claim failed. The legislative objectives were sufficiently serious to support as rational the imposition of the rules. Having a mental illness is not a … Continue reading G, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust: Admn 20 May 2008
Citations: [2008] EWCA Crim 513, [2008] 2 Cr App Rep (S) 82 Links: Bailii Statutes: Health and Safety at Work Act 1974 Jurisdiction: England and Wales Criminal Sentencing, Health and Safety Updated: 23 July 2022; Ref: scu.343006
Citations: [2003] EWHC 2934 (Admin) Links: Bailii Statutes: Health and Safety at Work etc. Act 1974 Jurisdiction: England and Wales Administrative, Health and Safety Updated: 19 July 2022; Ref: scu.191225
The court considered whether the reverse burden of proof in a statute creating offences is compatible with the presumption of innocence enshrined in Article 6(2) of the ECHR. The judge had ruled against a submission that section 40 was not compatible with the presumption of innocence in article 6(1) unless the section was read down … Continue reading Davies v Health and Safety Executive: CACD 18 Dec 2002
Judges: Slade J Citations: [2011] EWHC 1245 (QB), [2012] ICR D15 Links: Bailii Statutes: Health and Safety at Work etc Act 1974 Jurisdiction: England and Wales Health and Safety, Employment Updated: 15 July 2022; Ref: scu.439832
The defendant company appealed against its conviction for a breach of the 1974 Act, arising from a fatal accident to a customer at retail premises. There had been a substantial contested trial. The appellants were convicted of some of the counts on the indictment, but not all. The company were fined a total of andpound;550,000 … Continue reading B and Q Plc, Regina v: CACD 27 Sep 2005
The defendants sought to have struck out a claim under the 1992 Regulations to support a claim under s15(2) of the 1974 Act. They said that the 1992 Regulations had been made only under s2(2) and not under s15(1). Held: The implementing regulations were made under specific sections, ‘and of all other powers enabling her … Continue reading Polestar Jowetts Ltd v Komori Ltd UK and Another: QBD 26 Jul 2005
The relevant factors in the phrase the words ‘so far as is reasonably practicable’ are the foreseeable risk of injury and the cost of the preventive measures. ‘Sections 2 and 3 impose duties in relation to safety on a single person, whether an individual or a corporation, who is in a position to exercise complete … Continue reading Austin Rover Group Ltd v Her Majesty’s Inspector of Factories: HL 1990
The improper use of machinery had resulted in the death of an employee, and the applicant was prosecuted under the 1974 Act, but complained that the prosecution should have been under the Regulations. The directive required member states to apply its regulations in replacement of any earlier legislation. The 1974 Act, it said was therefore … Continue reading Regina v Bristol Magistrates Court and others ex parte Junttan Oy: HL 23 Oct 2003
The court considered the power of the Secretary of state to vary or amend an enforcement notice under the Act. Held: He could amend a notice which was otherwise invalid but not one which was upon its face a nullity. Lord Denning MR said: ‘He can correct errors so long as having regard to the … Continue reading Miller-Mead v Minister for Housing and Local Government and Another: CA 1963
The defendant had organised a team bonding day, including a cycling event. The claimant employee was severely injured falling from his cycle. He said that the defendant had been engligent in not providing cycling helmets. The circuit hosting company had said that helmets were available, and recommended. The claimant said there had been no mention … Continue reading Reynolds v Strutt and Parker LLP: ChD 15 Jul 2011
Judges: Foskett J Citations: [2014] EWHC 3474 (Admin) Links: Bailii Statutes: Health and Safety at Work Act 1974 Jurisdiction: England and Wales Health and Safety, Prisons Updated: 29 May 2022; Ref: scu.538255
The company appealed against a prohibition notice with regard to its operation of a zoo. A keeper had been attacked by tigers while they were being fed. He had died. The company appealed the terms of the notices, saying that the Act had to allow for the idiosyncracies of the particular business. The company sought … Continue reading Langridge, Canterbury City Council v Howletts and Port Lympne Estates: Admn 27 Nov 1996
A Health and Safety inspector, making negligently excessive requirements of operators of a bungee jump, was not liable since he operated under a statutory duty and had no duty of care to the operators. His duty was owed to members of the public. Judges: Sir Richard Scott VC, Lord Justice Auld, Lord Justice Schiemann Citations: … Continue reading Harris v Evans and Health and Safety Executive: CA 24 Apr 1998
The defendant complained that section 40 imposed a burden of proof upon him which infringed the presumption of innocence and his right to a fair trial. The trial judge held that the burden imposed a legal burden rather than an evidential one. Held: The Act could not be read down so as to impose only … Continue reading Davies v Health and Safety Executive: CA 18 Dec 2002
The corporation appealed against a decision that it was liable to the plaintiffs (representatives of 25,000 other plaintiffs) for damages for Vibratory White Finger. Judges: Simon Brown, Judge, Buxton LJJ Citations: [1998] EWCA Civ 1359, [1998] CLY 975 Links: Bailii Statutes: Health and Safety at Work Act 19745 Jurisdiction: England and Wales Cited by: Cited … Continue reading Armstrong and others v British Coal Corporation (2): CA 31 Jul 1998
The complainant asked the Health and Safety Executive (HSE) to tell him the names of those who had died as a result of incidents in the workplace which were reported to it. HSE refused, citing the section 44 exemption under the Act. HSE referred to: the Health and Safety at Work Act 1974; the Reporting … Continue reading Health and Safety Executive (Decision Notice): ICO 21 Jul 2008
Judges: Lord Diplock Citations: 1974 SC (HL) 1 Jurisdiction: Scotland Cited by: Cited – Spencer-Franks v Kellogg Brown and Root Ltd and others HL 2-Jul-2008 The deceased worked for the defendants on an oil rig. He was injured by a door closer he was attempting to repair. The defendants denied that the mechanism was equipment … Continue reading Haigh v Charles W Ireland Ltd: HL 1974
When assessing penalties to be imposed upon companies convicted under the Acts, the court should ensure the gravity of the offence is marked, that directors perceive their personal responsibility, but can be paid over a longer term. Citations: Times 29-Apr-1999 Statutes: Health and Safety at Work Act 1974 Jurisdiction: England and Wales Health and Safety … Continue reading Regina v Rollco Screw and Rivet Co Ltd and others: CACD 29 Apr 1999
Swimmers sought to be able to swim unsupervised in an open pond. The authority which owned the pond on Hampstead Heath wished to refuse permission fearing liability for any injury. Held: It has always been a principle of the interpretation of statutes that the courts should seek to construe them so as to produce a … Continue reading Hampstead Heath Winter Swimming Club and Another v Corporation of London and Another: Admn 26 Apr 2005
Health and Safety summons was not duplicitous despite absence of detailed allegation. Citations: Times 09-Dec-1996 Statutes: Health and Safety at Work Act 1974 2(1) 2(2) Health and Safety Updated: 08 April 2022; Ref: scu.81293
Citations: [2003] ScotHC 1 Links: Bailii Statutes: Health and Safety at Work Etc Act 1974 3(1) 33(1)(a) Jurisdiction: Scotland Crime, Health and Safety Updated: 03 February 2022; Ref: scu.181767
The Inspector appealed against the cancellation by the Employment Tribunal of a prohibition notice. Geraldiine Clark DHCJ [2016] EWHC 868 (Admin) Bailii Tribunals and Inquiries Act 1992 1, Health and Safety at Work Act 1974 24 England and Wales Health and Safety Updated: 14 January 2022; Ref: scu.562909
[2021] EWCA Crim 1693 Bailii Health and Safety at Work Act 1974, Provision and Use of Work Equipment Regulations 1998 England and Wales Crime, Health and Safety Updated: 30 December 2021; Ref: scu.669848
The company appealed against its conviction for failing so far as reasonably practicable to ensure the health and safety of its employees. It said that the judge should have acceeded to a submission of no case to answer. Fulford LJ, Foskett J, Neil Ford QC [2014] EWCA Crim 1522 Bailii Health and Safety at Work, … Continue reading Polyflor Ltd v Health and Safety Executive: CACD 18 Jul 2014
The Respondents lodged a Notice of Appeal against a Prohibition Notice under the Health and Safety at Work Act 1974. Rule 105(1)(a) of the Tribunal Rules 2013 gave the Respondents 21 days to appeal. Rule 105(1)(b) gave the Employment Tribunal a discretion to excuse lateness provided it was not reasonably practicable to lodge the Notice … Continue reading Evans (HM Inspector of Health and Safety) v Petrofac Facilities Management Ltd (Extension of Time : Reasonably Practicable): EAT 10 Mar 2020
The company appealed against an adverse finding on its holiday pay payments to its pilots, saying that the pay was subject to the 2004 Regulations alone. The Directive suggested that holiday pay should be at normal average rates of pay, but the actual pay excluded bonus rates. The company said that the special regulations applicable … Continue reading British Airways Plc v Williams and Others: CA 3 Apr 2009
Japanese Knotweed escape is nuisance The defendant appealed against an order as to its liability in private nuisance for the escape of Japanese Knotweed from its land onto the land of the claimant neighbours. No physical damage to properties had yet been shown, but the reduction in value which had occurred. Held: The decision of … Continue reading Network Rail Infrastructure Ltd v Williams and Another: CA 3 Jul 2018
The deceased worked for the defendants on an oil rig. He was injured by a door closer he was attempting to repair. The defendants denied that the mechanism was equipment within the Regulations. Held: The appeal was allowed. The door closer was apparatus for use at work, though provided by a different company. The Regulations … Continue reading Spencer-Franks v Kellogg Brown and Root Ltd and others: HL 2 Jul 2008
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
Cranston J said: ‘The issue before us is whether the judge was correct in ruling at a preparatory hearing for the trial that regulation 23 of the UK Regulations and article 36 of the EU Regulation catch all those who are involved in transporting waste for export, from the point of origin where waste is … Continue reading KV and Others v Regina: CACD 19 Oct 2011
There had been a substantial and lethal fire. The Borough challenged a decision by the defedant to retain to itself the prosecution of possible offenders, saying that the defendant might possibly be itself subject to criticism. Held: The objection failed. ‘Any prosecution would be grounded firmly in the state of affairs that Southwark had permitted … Continue reading London Borough of Southwark, Regina (on The Application of) v London Fire and Emergency Planning Authority and Another: Admn 15 Jul 2016
The victim died on a farm when his dumper truck overturned burying him in its load. Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of injury arose out of the state of affairs at the … Continue reading Chargot Limited (T/A Contract Services) and Others, Regina v: HL 10 Dec 2008
The inspector had issued a prohibition notice with regard to the access to a heliport on a North Sea oil rig. The court now considered whether, on a challenge to such a notice, the court was restricted to considering only knowledge available at the . .
The Inspector had served an enforcement notice as to the condition of an oil rig. The operators fixed the issues identified and appealed. The court now considered whether on such an appeal it should consider only the situation at the time of the . .
Appeal against successful appeal against health and safety prohibition notice. Rotary Yorkshire were arguing for a broad interpretation of section 24 and the inspector for a more limited interpretation.
Held: Laws LJ (with whom the other . .
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
The claimant asserted associative disability discrimination. She was the carer for her disabled son.
Held: To succeed the claimant would have to show that associative discrimination was prohibited by the directive and that the 1995 Act could . .
The appellant company argued that the conviction was unsafe because the prosecution against it by the Health and Safety Executive should have been stayed as an abuse of process. . .
The claimant police officer was severely injured making an arrest. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance.
Held: If a police officer owes a duty of care to . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
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The fact that a third party was put at risk by the negligence of an employee did not prevent the employer seeking to rely upon the statutory defence that he had taken all reasonable steps to avoid such risks. Judges: Roch LJ, Bennett, Thomas JJ Citations: Times 17-Sep-1998, [1999] IRLR 646, [1998] EWCA Crim 2511, … Continue reading Regina v Nelson Group Services (Maintenance) Ltd: CACD 30 Jul 1998
Citations: [2007] EWCA Crim 3396, [2008] 2 Cr App R (S) 26 Links: Bailii Statutes: Health and Safety at Work Act 1974 3(1) Jurisdiction: England and Wales Crime, Health and Safety Updated: 19 November 2022; Ref: scu.314322
Citations: [2008] EWCA Crim 1963, [2009] 1 All ER 786, [2009] ICR 127, [2009] Env LR 7, [2009] 1 Cr App R (S) 81, [2009] 1 Cr App R 16, [2009] Crim LR 381 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000, Health and Safety at Work Act 1974 2, Management of Health … Continue reading TDG (UK) Ltd, Regina v: CACD 29 Jul 2008
Criminal liability under the 1984 Act is strict save for the caveat as to reasonable practicability. Citations: Gazette 22-Jan-1997 Statutes: Health and Safety at Work Act 1974 Jurisdiction: England and Wales Health and Safety Updated: 05 November 2022; Ref: scu.85785
An offence was committed under the Act unless the company takes all reasonable steps to protect its employees. Citations: Times 02-Jan-1997 Statutes: Health and Safety at Work Act 1974 2(1) Jurisdiction: England and Wales Health and Safety Updated: 04 November 2022; Ref: scu.86683
The appellants were convicted of failing to conduct their undertaking in such a way as to ensure, so far as was reasonably practicable, persons not in their employment were not exposed to risks to their health and safety. One of their buildings contained two cooling towers which, when inspected, were found to contain the bacteria … Continue reading Regina v Board of Trustees of the Science Museum: CA 26 May 1993
Citations: [1993] EWCA Crim 2 Links: Bailii Statutes: Health and Safety at Work Act 1974 3(1) Jurisdiction: England and Wales Crime Updated: 26 October 2022; Ref: scu.536782
The company was said to have failed in its duties under section 3(1) of the 1974 Act. Held: The maintenance and cleaning of a company’s premises can be part of its undertaking, for which its managers are criminally responsible, even if outside contractors were used.Stuart-Smith LJ said: ‘If there is a risk of injury to … Continue reading Regina v Associated Octel Ltd: CACD 3 Aug 1994
Citations: [1997] 3 All ER 78, [1997] 2 Cr App R 40, [1997] Crim LR 512, [1997] ICR 382, [1997] IRLR 189, [1996] EWCA Crim 1768 Statutes: Health and Safety at Work Act 1974 2(1) Jurisdiction: England and Wales Crime, Health and Safety Updated: 08 October 2022; Ref: scu.149432
An employer’s duty to safeguard his employees against the dangers of working on fragile surfaces requires some physical protection to be given rather than just warnings and or training. Citations: Times 01-Dec-1995 Statutes: Health and Safety at Work Act 1974 3(1) Jurisdiction: England and Wales Health and Safety Updated: 08 October 2022; Ref: scu.87622
The court considered whether the cleaning of a factory constituted part of its undertaking. Held: ‘A factory, for example, may shut down on Saturdays and Sundays for manufacturing purposes, but the employer may have the premises cleaned by a contractor over the weekend. If the contractor’s employees are exposed to risks to health or safety … Continue reading Regina v Mara: CA 1987
The company had successfully appealed against a prohibition notice relating to its arrangements for working at height. By the time of the prohibition notice, it had implemented a plan satisfactory to the inspector. Held: The tribunal had not focussed properly on the facts as at the inspector faced them, and had not give adequate regard … Continue reading Chilcott v Thermal Transfer Ltd: Admn 17 Jul 2009
The court allowed the defendant’s appeal against her conviction under section 7 of the 1974 Act in relation to an outbreak of legionnaires disease traced to the cooling towers of an air-conditioning system for which she, the building owners’ employed architect, had been responsible. The prosecution had served on Ms Beckingham ten particulars of alleged … Continue reading Beckingham, Regina v: CACD 22 Mar 2006
The defendant company had been fined when a train was derauled as a result of the company’s failure properly to maintain rail track. It appealed the fine of andpound;400,000. Held: Fines should properly be increased where the failure arose in the course of provision of a public service. However here had been no significant injury … Continue reading Regina v Jarvis Facilities Ltd: CACD 26 May 2005
A dwellinghouse had exploded, killing the occupants. The defendant was to be tried for alleged breaches of the 1974 Act in the gas supoplies to the house. The appellant complained that a jury trial would be an infringement of its rights, since a jury asked to sit for three to six months would be prejudiced … Continue reading Transco Plc v Her Majesty’s Advocates: HCJ 16 Sep 2004
The claimant was a security guard employed to collect cash from various sites. He was robbed and shot. The employer had not provided body armour nor encouraged its use. He appealed dismissal of his claim, which had been on the basis that since he was collecting relatively small sums of money, the risks were not … Continue reading Henser-Leather v Securicor Cash Services Ltd: CA 16 May 2002
The company appealed a notice requiring them to avoid th eneed for its employees to carry out manual handling operations. Held: The notice was inadequate, and the magistrates had been wrong to try to improve it by adding to it. The inspector had been ready to consider an alternative such as training but this had … Continue reading BT Fleet Ltd v McKenna: Admn 17 Mar 2005
The power to institute proceedings for a breach of the Act lay in the inspector, and he could not delegate it. The Act was explicit in its requirements as to who could issue proceedings. The informations were not laid when the inspector requested a local authority solicitor to issue them, and there was nothing to … Continue reading Regina v Croydon Justices, ex parte W H Smith Ltd: QBD 22 Nov 2000
The appellant had been convicted that as a haulage contractor he had conspired with his drivers to cause them to drive beyond the permitted hours, and in other ways contrary to their safety. He argued it was a misuse of the Act to ally it with the more severe Transport Act regime. That appeal was … Continue reading Regina v Francois Pierre Marcellin Thoron: CACD 30 Jul 2001
Challenge to improvement notice. Judges: Ognall J Citations: [2000] IRLR 243, [1999] EWHC Admin 376 Links: Bailii Statutes: Health and Safety at Work Act 1974 21, Workplace (Health, Safety and Welfare) Regulations of 1992 Jurisdiction: England and Wales Health and Safety Updated: 28 May 2022; Ref: scu.139640
The company had contracted to remove asbestos. Before work was to start, the inspector found defective equipment. The prosecutor appealed the acquittal on appeal to the Crown Court. Held: An employer’s duty of care extends to all employees, and not just those working on a particular plant and even when the plant was not in … Continue reading Bolton Metropolitan Borough Council v Malrod Insulations Ltd: QBD 6 Jan 1993
Citations: [2019] EWCA Crim 227 Links: Bailii Statutes: Health and Safety at Work Act 1974 Jurisdiction: England and Wales Crime, Health and Safety Updated: 18 May 2022; Ref: scu.634202
The complainant was a female lorry driver, aged 23, employed by a firm specialising in the carriage of chemicals. One chemical was potentially embryotoxic, and the manufacturers warned that special precautions should be taken to avoid women of child-bearing age being exposed to it. The employers therefore refused to allow the complainant to drive lorries … Continue reading Page v Freight Hire (Tank Haulage) Ltd: EAT 1981
The defendant said that section 40 of the 1974 Act was not compatible with the presumption of innocence in Article 6(2) of the Convention, unless the section was read down to impose only an evidential burden on the defendant. Held: The Act was regulatory and intended to protect health and safety of workers and other. … Continue reading Regina v Davies: CACD 2003
The Lord Justice General set out the requirements to establish an offence under section 37(4) of the Act. Where the officer of the company had no actual knowledge of the breach of the regulations, the question was whether he should have been put on inquiry by the circumstances so as to have made inquiries as … Continue reading Wotherspoon v HM Advocate: 1978
The employers engaged contractors to repair a building. The employers were going to buy new asbestos sheets for the purpose but the contractors offered to remove some from an adjacent disused factory. The employers obtained the permission of the owner. Their projects manager inspected the site with the contractors and warned them to be careful. … Continue reading RMC Roadstone Products Ltd v Jester: QBD 8 Feb 1994
British Steel employed two sub-contractors to work in moving a steel tower under their supervision. One platform fell on one of the sub-contractors, killing him. British Steel claimed they had delegated their responsibilities under the Act, and were not criminally liable. Held: A corporate employer cannot evade the strict liability imposed by the legislation by … Continue reading Regina v British Steel Plc: CACD 31 Dec 1994
Equipment in non-domestic premises (an indoor nursery playground) is a plant within the Act, and the Local Authority may prosecute for a breach of the regulations. Citations: Times 08-Jul-1994, Ind Summary 25-Jul-1994 Statutes: Health and Safety at Work Act 1974 4(1)(b) Health and Safety Updated: 09 April 2022; Ref: scu.83881
The company appealed against sentence after a worker died following an accident while working at the defendant’s premises. Judges: Lord Burnett of Maldon CJ, Teare, Kerr JJ Citations: [2017] EWCA Crim 2186 Links: Bailii Statutes: Health and Safety at Work Act 1974 3(1) Jurisdiction: England and Wales Criminal Sentencing, Health and Safety Updated: 02 April … Continue reading Whirlpool UK Appliances Ltd v Regina: CACD 20 Dec 2017
Judges: Lord Thomas of Cwmgiedd LCJ, Treach LJ, Leggatt J Citations: [2016] EWCA Crim 1755 Links: Bailii Statutes: Health and Safety at Work Act 1974 Jurisdiction: England and Wales Criminal Sentencing Updated: 06 February 2022; Ref: scu.578201
amnesty_ahmedEAT2009 EAT RACE DISCRIMINATION – Direct discriminationRACE DISCRIMINATION – Indirect discriminationRACE DISCRIMINATION – Protected by s. 41UNFAIR DISMISSAL – Constructive dismissalClaimant, of (northern) Sudanese ethnic origin, applied for promotion to role of ‘Sudan researcher’ for Amnesty International – Not appointed because Amnesty believed that the appointment of a person of her ethnic origin would compromise … Continue reading Amnesty International v Ahmed: EAT 13 Aug 2009
Henriques J [2003] EWHC 147 (Admin) Bailii Health and Safety at Work Act 1974 England and Wales Health and Safety Updated: 02 November 2021; Ref: scu.250049
Stay for Extended Autrefois Convict The plea of autrefois convict applies only if the legal substance of the charges is same but the judge has a discretion. The plea is not limited to Connelly v DPP definitions, but is still narrow.A 19-year-old girl died of carbon monoxide poisoning in a rented flat. The CO2 gas … Continue reading Regina v Beedie: CACD 11 Mar 1997
The defendant appealed against a fine of 10 million pounds for its failings in maintaining track which led to the train crash at Hatfield.
Held: The company’s contract was substantial. Positive steps were to be taken by all concerned in a . .
It was not incorrect for an inspector to proceed to issue a prohibition notice to the rail operator, with regard to the use of a signal set, which had been deemed unsafe, even where the operator had given formal undertakings with regard to its’ use. . .
Liable Operator was the person noified The company, a joint venture enterprise, appealed against a refusal to stay prosecutions for various infringements when a fuel depot they were said to control (the Buncefield oil terminal) exploded. The company denied that they were the operator as required within the law. Held: The operator was the person … Continue reading Hertfordshire Oil Storage Ltd v Regina: CACD 16 Mar 2010
The plaintiff was injured when working for the defendants spraying glaze onto jars. A small foreign body was blown into her eye. She said that no eye protection had been suuplied as required by the regulations. Held: The plaintiff’s appeal succeeded: ‘this was an operation which, when one looks at it in the round, carried … Continue reading Gerrard v Staffordshire Potteries Ltd: CA 2 Nov 1994
Judges: Lord Justice Latham Citations: [2006] EWCA Crim 1156, [2006] ICR 1383, [2007] 2 All ER 665 Links: Bailii Statutes: Health and Safety at Work etc Act 1974 2(1) Jurisdiction: England and Wales Crime, Health and Safety Updated: 29 September 2022; Ref: scu.242124
The defendant company appealed against a finding of liability for injury when its employee fell from a ladder at work. He had been removing an item stored in a loft. The procedure was that the ladder should be footed by another person. The claimant said he had not been told so, but this was denied. … Continue reading Bhatt v Fontain Motors Ltd: CA 27 Jul 2010
The claimant was working in a prison supervising working prisoners. One of them dropped a bag of rice on her causing injury. At the County Curt, the prisoner was found negligence in the prisoner, but not the appellant for vicarious liability. The claimant’s appeal succeeded at the Court of Appeal. Held: The Minister’s appeal failed. … Continue reading Cox v Ministry of Justice: SC 2 Mar 2016
The defendants did not warn a contractor’s workmen of the risk of fire from an oxygen-enriched atmosphere. As a result, one of them accidentally started a fire in which eight employees died. Held: The employers were convicted under section 2(1). The duty under that section includes an obligation to take such steps as are reasonably … Continue reading Regina v Swan Hunter Shipbuilders Ltd: CA 1982
The Commission sought a declaration that, by restricting the duty of employers to care for the health and safety of their employees ‘so far as reasonably practicable’, the United Kingdom had failed to fulfil its obligations under article 5(1) and (4) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to … Continue reading Commission v United Kingdom (Social Policy): ECJ 18 Jan 2007
The claimant appealed dismissal of her claim for personal injuries. She worked at a nursing home, and had slipped on urine on the floor. Slip mats had been placed on the floor, but had been insufficient. There had been previous accidents, and a risk assessment had identified the dangers, and steps taken. The claim was … Continue reading Ellis v Bristol City Council: CA 5 Jul 2007
