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
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
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
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
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
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
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 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
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
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 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
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 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
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
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
A flagstone being laid by a council employee was held to be ‘equipment provided by his employer for the purposes of the employer’s business’ under the 1969 Act. An employer is liable for the defective equipment he provides. What is equipment will vary according to the work. A flagstone was equipment to a road flagger. … Continue reading Knowles v Liverpool City Council: HL 15 Oct 1993
The appellant care worker fell in snow when visiting the respondent’s client at home. At issue was the admission and status of expert or skilled evidence. Held: Mrs Kennedy’s appeal succeeded. ‘There are in our view four considerations which govern the admissibility of skilled evidence: (i) whether the proposed skilled evidence will assist the court … Continue reading Kennedy v Cordia (Services) Llp: SC 10 Feb 2016
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 patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for ten years from 42%, when he first consulted the doctor to 25%. The House … Continue reading Gregg v Scott: HL 27 Jan 2005
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
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
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005
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
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 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 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 . .
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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