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
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 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 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
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
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 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 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 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
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
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
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 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 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 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
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
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 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 . .
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