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 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
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
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
Judges: Foskett J Citations:  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
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
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:  EWCA Civ 1359,  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
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
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
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 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 . .
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 . .
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’ . .
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