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G, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust: Admn 20 May 2008

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

Davies v Health and Safety Executive: CACD 18 Dec 2002

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

B and Q Plc, Regina v: CACD 27 Sep 2005

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

Polestar Jowetts Ltd v Komori Ltd UK and Another: QBD 26 Jul 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

Austin Rover Group Ltd v Her Majesty’s Inspector of Factories: HL 1990

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

Regina v Bristol Magistrates Court and others ex parte Junttan Oy: HL 23 Oct 2003

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

Miller-Mead v Minister for Housing and Local Government and Another: CA 1963

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

Reynolds v Strutt and Parker LLP: ChD 15 Jul 2011

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

Langridge, Canterbury City Council v Howletts and Port Lympne Estates: Admn 27 Nov 1996

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

Harris v Evans and Health and Safety Executive: CA 24 Apr 1998

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

Davies v Health and Safety Executive: CA 18 Dec 2002

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

Armstrong and others v British Coal Corporation (2): CA 31 Jul 1998

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

Health and Safety Executive (Decision Notice): ICO 21 Jul 2008

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

Regina v Rollco Screw and Rivet Co Ltd and others: CACD 29 Apr 1999

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

Hampstead Heath Winter Swimming Club and Another v Corporation of London and Another: Admn 26 Apr 2005

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

Polyflor Ltd v Health and Safety Executive: CACD 18 Jul 2014

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

Evans (HM Inspector of Health and Safety) v Petrofac Facilities Management Ltd (Extension of Time : Reasonably Practicable): EAT 10 Mar 2020

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

British Airways Plc v Williams and Others: CA 3 Apr 2009

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

Network Rail Infrastructure Ltd v Williams and Another: CA 3 Jul 2018

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

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 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

Baker v Quantum Clothing Group Ltd and Others: SC 13 Apr 2011

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

London Borough of Southwark, Regina (on The Application of) v London Fire and Emergency Planning Authority and Another: Admn 15 Jul 2016

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

Chargot Limited (T/A Contract Services) and Others, Regina v: HL 10 Dec 2008

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

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Chilcott v Thermal Transfer Ltd: Admn 17 Jul 2009

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

Beckingham, Regina v: CACD 22 Mar 2006

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

Regina v Jarvis Facilities Ltd: CACD 26 May 2005

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

Transco Plc v Her Majesty’s Advocates: HCJ 16 Sep 2004

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

Henser-Leather v Securicor Cash Services Ltd: CA 16 May 2002

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

Regina v Croydon Justices, ex parte W H Smith Ltd: QBD 22 Nov 2000

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

Regina v Francois Pierre Marcellin Thoron: CACD 30 Jul 2001

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

Bolton Metropolitan Borough Council v Malrod Insulations Ltd: QBD 6 Jan 1993

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

Page v Freight Hire (Tank Haulage) Ltd: EAT 1981

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

RMC Roadstone Products Ltd v Jester: QBD 8 Feb 1994

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

Regina v British Steel Plc: CACD 31 Dec 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

Whirlpool UK Appliances Ltd v Regina: CACD 20 Dec 2017

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

Amnesty International v Ahmed: EAT 13 Aug 2009

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

Cox v Ministry of Justice: SC 2 Mar 2016

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

Regina v Swan Hunter Shipbuilders Ltd: CA 1982

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

Commission v United Kingdom (Social Policy): ECJ 18 Jan 2007

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

Ellis v Bristol City Council: CA 5 Jul 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

A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 2005

The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary because of the upset and disturbance his continued employment would create with Asian co-workers and passengers. … Continue reading A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 2005

Director of Public Prosecutions v Stonehouse: HL 1977

The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English courts. Held: The charge was justiciable in England. The defendant appealed conviction on counts of … Continue reading Director of Public Prosecutions v Stonehouse: HL 1977

Jackson v ICS Group of Companies Ltd: EAT 22 Jan 1998

The claimant appealed against the dismissal of his unfair dismissal application. Not having two years continuous employment he had claimed the protection of section 100 as a whistleblower, but the Tribunal had found that there had been a Health and Safety Committee where he could have made known his concerns about the long hours being … Continue reading Jackson v ICS Group of Companies Ltd: EAT 22 Jan 1998

Regent Lion Properties Limited v Westminster City Council: CA 1990

An existing outline planning permission to develop land to include a parade of 12 shops in central London. In 1968 Pan American Airways Corporation took a sub-lease of the land and got planning permission to develop it as an air terminal for a period of 14 years, terminating (with an extension) on 31 March 1984. … Continue reading Regent Lion Properties Limited v Westminster City Council: CA 1990