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Markham v Asda Stores Ltd (Health and Safety): EAT 15 Aug 2019

The Claimant had relied on a number of causes of action in his ET claim, including an allegation of an automatically unfair health and safety dismissal contrary to s.100(1)(b) ERA 1996 for his having sought to undertake a workplace inspection in his capacity as a Safety Representative under the Safety Representatives and Safety Committees Regulations … Continue reading Markham v Asda Stores Ltd (Health and Safety): EAT 15 Aug 2019

Kiani v Land Rover Ltd Others: CA 28 Jun 2006

Mr Kiani went to work at the Land Rover plant; his dead body was found in a tank in the area in which he worked. He had died of asphyxia. His personal representative sued on the basis that Mr. Kiani had accidentally fallen into the tank; Land Rover suggested that his death was suicide. There … Continue reading Kiani v Land Rover Ltd Others: CA 28 Jun 2006

McShane v Burnwynd Racing Stables Ltd: SCS 5 Jun 2015

‘This case concerns an accident at the defenders’ racing stables on 25 March 2011. The pursuer was employed there by the defenders as trainer or assistant trainer. He was exercising a horse (‘Psalm 23′) on the training gallop. At the far end of the gallop, just before the third or final bend, his horse fell … Continue reading McShane v Burnwynd Racing Stables Ltd: SCS 5 Jun 2015

Newman v Whitbread Plc: CA 26 Feb 2001

The claimant sought damages after falling down stairs at work. She said that the stairway did not comply with the British Standards in breach of the Regulations. The employer responded that the non-compliance was merely techical, and could not have affected the accident. The employer appealed saying that the judge had taken a point unargued … Continue reading Newman v Whitbread Plc: CA 26 Feb 2001

Burrows v Northumbrian Water Ltd: QBD 10 Oct 2014

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

Ellis v Bristol City Council: CA 5 Jul 2007

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

Merseyside Fire and Civil Defence Authority v Bassie: CA 1 Nov 2005

The defendant appealed the award of andpound;100,0000 damages for injury to the plaintiff’s knee in the course of his employment as a fireman. He had been training in the gym, and fell while running. The judge found that he had slipped on a surface of dust on the floor in breach of the Regulations. Held: … Continue reading Merseyside Fire and Civil Defence Authority v Bassie: CA 1 Nov 2005

Lewis v Avidan Ltd (T/A High Meadow Nursing Home): CA 13 Apr 2005

A nurse claimed damages after slipping on a patch of water in the nursing home where she worked. The defendant argued that the pipe which had broken was not equipment so as to make it liable. Held: The nurse’s appeal failed. The mere fact of an entirely unexpected and unpredictable flood does not mean that … Continue reading Lewis v Avidan Ltd (T/A High Meadow Nursing Home): CA 13 Apr 2005

Charles v Cardiff County Council: CA 18 Nov 2002

The claimant was assaulted whilst at work at a residential care home. She answered the door to visitors who were drunk. She appealed a refusal of her claim against her employers. Held: The judge had sufficient evidence before him to establish that the absence of a chain on the door was not a breach of … Continue reading Charles v Cardiff County Council: CA 18 Nov 2002

Marks and Spencer Plc v Palmer: CA 9 Oct 2001

The claimant had tripped against a weather strip which protruded by less than 1 cm above the surface of doorway of the staff exit from one of the defendant’s stores. It was a permanent fixture and, as such, was part of the construction of the floor. It had never previously given rise to any accidents … Continue reading Marks and Spencer Plc v Palmer: CA 9 Oct 2001

Home Office v Lowles: CA 29 Jul 2004

The defendant appealed against finding of liability. The claimant, an officer ar Armley Prison had been redirected to a side entrance. There was a ramp, but at the top was a two inch step. The parties had disputed the exact circumstances of the fall. Held: The appeal failed: ‘The Recorder approached regulation 12(3) by saying … Continue reading Home Office v Lowles: CA 29 Jul 2004

King v RCO Support Services Limited and Yorkshire Traction Company Limited: CA 8 Dec 2000

The appellant was employed by the first respondents as a steam cleaning operative. The first respondent had contracted to supply cleaning services to the second respondent at one of the second respondent’s yards, where buses were cleaned. The appellant’s place of employment was at that yard. The yard was iced and despite attempts to grit … Continue reading King v RCO Support Services Limited and Yorkshire Traction Company Limited: CA 8 Dec 2000

Heeds v Cleveland Police and Another: QBD 18 Apr 2018

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

Cox v Ministry of Justice: CA 19 Feb 2014

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

Coia v Portavadie Estates Ltd: SCS 6 Jan 2015

(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

Craner v Dorset County Council: CA 5 Dec 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

Geary v JD Wetherspoon Plc: QBD 14 Jun 2011

The claimant, attempting to slide down the banisters at the defendants’ premises, fell 4 metres suffering severe injury. She claimed in negligence and occupiers’ liability. The local council had waived a requirement that the balustrade meet the minimum height. The defendant had been told that it would neither be allowed to increase its height nor … Continue reading Geary v JD Wetherspoon Plc: QBD 14 Jun 2011

Munro v Aberdeen City Council: SCS 17 Sep 2009

Safety Duty on Employer was not Absolute The pursuer was injured slipping on ice in her defender employer’s car park. Liability depended on the interpretation of regulation 5, the claimant saying that it imposed an absolute requirement to maintain the workplace in efficient working order and good repair. The defender said it was governed by … Continue reading Munro v Aberdeen City Council: SCS 17 Sep 2009

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