The claimant mechanic was employed by the Commissioner of Police. He was working on the wheel of a police dog van when the shearing of a wheel bolt caused him to suffer injury. The question was whether the van was ‘work equipment’ within the meaning of the 1992 regulations, which defined ‘work equipment’: ‘any machinery, … Continue reading Hammond v Commissioner of Police for Metropolis and others: CA 11 Jun 2004
Citations: [2002] EWCA Civ 104 Links: Bailii Statutes: Provision and Use of Work Equipment Regulations 1992 Jurisdiction: England and Wales Health and Safety Updated: 27 November 2022; Ref: scu.216678
The employee claimed damages after injury at work using scaffolding equipment supplied by his employers which was upset by the violent act of a fellow employee. Held: The equipment when used properly was safe. It only became dangerous if deliberately misused. The employer could not be vicariously liable for the deliberate wrongful act of a … Continue reading Horton v Taplin Contracts Limited: CA 8 Nov 2002
Appeal against a decision dismissed the claim of the appellant against his employer, the respondent defendant for damages for personal injury. Judges: Walker J Citations: [2014] EWHC 3305 (QB) Links: Bailii Statutes: Workplace (Health, Safety and Welfare) Regulations 1992, Provision and Use of Work Equipment Regulations 1998 Jurisdiction: England and Wales Personal Injury, Health and … Continue reading Burrows v Northumbrian Water Ltd: QBD 10 Oct 2014
The claimant was replacing a computer memory card. He fell from a ladder suffering injury. He was employed by the defendant contracting for another defendant, and used a ladder on loan from another neighbour. Held: The contribution sought from the owner of the ladder failed. It had not been proved that East owned the ladder, … Continue reading Mason and Another v Satelcom Ltd and East Potential Ltd: CA 14 May 2008
Buses had not been fitted with safety screens protecting drivers from possible assaults by passengers. Held: There was no breach of regulation 4: ‘… It does not follow that liability is established simply by showing that it is reasonably foreseeable that the absence of a screen may leave the way open to injury to the … Continue reading Yorkshire Traction Company Limited v Searby: CA 19 Dec 2003
The claimant was injured when, after stopping the vehicle he was driving for his employers, he was scalded when the radiator cap flew off. He appealed against the dismissal of his claim on the basis that he had been unable to show any fault. Held: The question was not whether a defect could be identified, … Continue reading Hislop v Lynx Express Parcels: IHCS 3 Apr 2003
Judges: Jeremy Baker J Citations: [2018] EWHC 810 (QB), [2018] WLR(D) 226 Links: Bailii, WLRD Statutes: Workplace (Health, Safety and Welfare) Regulations 1992, Provision and Use of Work Equipment Regulations 1998 Jurisdiction: England and Wales Health and Safety, Personal Injury Updated: 13 April 2022; Ref: scu.609114
The taxpayers used schemes to create allowable losses, and now appealed assessment to tax. The schemes involved a series of transactions none of which were a sham, but which had the effect of cancelling each other out. Held: If the true nature of the transactions could be seen by looking at them all together, then … Continue reading W T Ramsay Ltd v Inland Revenue Commissioners: HL 12 Mar 1981
Appeal against rejection of claim for personal injury. While working as the catering manager at HM Prison Swansea, the Claimant was injured in an accident caused by the negligence of a prisoner carrying out paid work under her supervision. The prisoner had dropped a large bag of rice on her whilst she was kneeling. The … Continue reading Cox v Ministry of Justice: CA 19 Feb 2014
(Extra Division Inner House) ‘In this action for damages for personal injury three central issues arise: (1) Was the wardrobe pole which fell and injured the pursuer ‘work equipment provided by the defenders for use or used by an employee of theirs at work’ for the purpose of The Provision and Use of Work Equipment … Continue reading Coia v Portavadie Estates Ltd: SCS 6 Jan 2015
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 claimant sought damages after hitting his knee when a trolley he was pushing stopped abruptly on hitting a raised slab on the defendant’s pathway. Held: The defendant’s appeal failed. In the end what was reasonable was a question of fact. ‘for the future that a case of this kind should be considered under regulations … Continue reading Craner v Dorset County Council: CA 5 Dec 2008
A component in a postman’s bicycle gave way even though the machine had been sensibly maintained and checked. He sought damages for his injuries.
Held: The duty imposed by the regulations was absolute, and an employee postal worker who was . .
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