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
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 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
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
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
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
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
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
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
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 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
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
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
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 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
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
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 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 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
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 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
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
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 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
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
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
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 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
[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
‘I have found this issue one of considerable difficulty and finely balanced. However, I have come to the conclusion that it is inappropriate and wrong for the Health and Safety Executive to prosecute for an offence under section 6 of the 1974 Act when there is a specific statutory offence under the Regulations covering exactly … Continue reading Regina (on the application of Junttan Oy) v Bristol Magistrates’ Court: QBD 2002
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
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
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
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
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
The defendant sought leave to appeal against its conviction for failing so to conduct its swimming pool as to avoid exposing visitors to risk to health or safety. A boy had gone to the pool with his father and brother. Notices said that a child of his age (under eight) should be accompanied by an … Continue reading Regina v Upper Bay Ltd: CACD 2 Mar 2010
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
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
Everyday risks may be outwith Health and Safety The defendant appealed against his conviction under the 1974 Act. He was headmaster at a private school. A child of three jumped from steps in the playground injured his head and was taken to hospital where he contracted MRSA and died. Held: His appeal was allowed. The … Continue reading Regina v Porter: CACD 19 May 2008
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 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
(Swansea County Court) While working as a catering manager at HM Prison Swansea, the claimant suffered injury in an accident caused by the negligence of a prisoner who was carrying out paid work under her supervision. She now sought damages from the Ministry Held: The prisoner was negligent, but not the prison service. Though there … Continue reading Cox v Ministry of Justice: Misc 3 May 2013
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 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 . .
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. . .
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