swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Health and Safety - From: 1997 To: 1997
This page lists 12 cases, and was prepared on 27 May 2018.
Regina v Gateway Foodmarkets Ltd Times, 02 January 1997
2 Jan 1997
CA
Health and Safety
An offence was committed under the Act unless the company takes all reasonable steps to protect its employees.
Health and Safety at Work Act 1974 2(1)
Re Gateway Foodmarkets Ltd; CA 22-Jan-1997 - Gazette, 22 January 1997
Hamilton v Sedgefield District Council [1997] EWCA Civ 896
31 Jan 1997
CA
Henry, Ward LJJ
Personal Injury, Health and Safety
The claimant suffered injury when unloading a lorry.
[ Bailii ]
Patricia Ann Bohitige v Barnet Healthcare National Health Service Trust [1997] EWCA Civ 1039
18 Feb 1997
CA
Personal Injury, Health and Safety
[ Bailii ]
Hampshire County Council v Jones [1997] EWCA Civ 1286
20 Mar 1997
CA
Personal Injury, Health and Safety
[ Bailii ]
Rae (Agnes) v Glasgow City Council and Another Times, 22 April 1997
22 Apr 1997
OHCS
Environment, Employment, Health and Safety, Negligence
An employer may be liable for damages for passive smoking if the claim is pleaded correctly.
Offices Shops and Railway Premises Act 1963 7
Morris v Breaveglen Limited (T/a Anzac Construction Company) and Sleeman Limited Third Party [1997] EWCA Civ 1662
9 May 1997
CA
Personal Injury, Health and Safety
[ Bailii ]
Marshall v Gradon Construction Services Ltd [1997] EWCA Civ 1989
27 Jun 1997
CA
Personal Injury, Health and Safety
[ Bailii ]
Durnan Barnes v Stockton-On-Tees Borough Council [1997] EWCA Civ 2594
29 Oct 1997
CA
Personal Injury, Health and Safety
The claimant was injured at work at a swimming pool. As he and other members of staff tidied away a wet inflatable slide, he slipped and fell, suffering serious injury. Held: "it was necessary for the employers to have laid down a system to this extent: they should have warned their employees about the potential hazard of standing on the wet slide to remove the ropes attached to it so long as the air hose was still underneath it. That, it seems to me, was the hazard. I know that in this particular case the work had been done for many years and no accident had occurred; but of course that is usually the case. However, it does seem to me that there was inevitably a potential risk if men and women were treading on a wet, slippery piece of plastic to pull it out of the water and beneath that plastic, but invisible to the naked eye at this point, there was the air hose." Steps could have been taken to ensure the hose was put away before the slide. The appeal succeeded, and the defendant was responsible, but the plaintiff was 50% contributorily negligent.
1 Cites
[ Bailii ]
Rama v South West Trains [1997] EWHC Admin 976
5 Nov 1997
Admn
Health and Safety, Employment
Safety Representatives and Safety Committees Regulations 1977 11
[ Bailii ]
Bilton v Fastnet Highlands LTd Times, 20 November 1997; [1998] SLT 1323
20 Nov 1997
OHCS
Health and Safety
It was for the defenders to say what steps they had been taken to comply with their obligations under the Regulations, not for an employee complainant to say what should happen.
Control of Substances Hazardous to Health Regulations 1988 (SI 1988 No 1657)
1 Citers
Wright v Alcan Enfield Alloys Ltd Shorrocks Guards Ltd [1997] EWCA Civ 2869
1 Dec 1997
CA
Personal Injury, Health and Safety
[ Bailii ]