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: 1998 To: 1998
This page lists 11 cases, and was prepared on 27 May 2018.
Griffiths and Others v British Coal Corporation and Another (Summary) [1998] EWHC 2008 (QB)
23 Jan 1998
QBD
Turner J
Health and Safety, Personal Injury
[ Bailii ]
Bryan Ward v Newalls Insulation Company Limited v Cape Contracts Limited [1998] EWCA Civ 287
19 Feb 1998
CA
Personal Injury, Health and Safety
[ Bailii ]
Christopher Kirby v Malton Bacon Factory Limited [1998] EWCA Civ 366
27 Feb 1998
CA
Health and Safety
[ Bailii ]
George William Fortescue v Tellings Golden Miller Limited [1998] EWCA Civ 572
30 Mar 1998
CA
Beldam LJ, Bracewell LJ
Health and Safety, Personal Injury
[ Bailii ]
Harris v Evans and Health and Safety Executive; CA 24-Apr-1998 - Times, 05 May 1998; [1998] EWCA Civ 709; [1998] 1 WLR 1285; [1998] 3 All ER 523
Pickford v Imperial Chemical Industries Plc Times, 30 June 1998; [1998] UKHL 25; [1998] 3 All ER 462; [1998] 1 WLR 1189
30 Jun 1998
HL
Lord Goff of Chieveley, Lord Jauncey of Tullichettle Lord Slynn of Hadley, Lord Steyn, Lord Hope of Craighead
Personal Injury, Health and Safety
In the absence of conclusive evidence establishing a cause of a condition, the judge was free to find that causation was not established and that the claim was lost. There was no necessary obligation on an employer to have procedures which might create claims.
1 Cites
1 Citers
[ Bailii ]
Armstrong and others v British Coal Corporation (2) [1998] EWCA Civ 1359; [1998] CLY 975
31 Jul 1998
CA
Simon Brown, Judge, Buxton LJJ
Personal Injury, Health and Safety
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.
Health and Safety at Work Act 19745
[ Bailii ]
Regina v Cambridge City Council, Ex Parte Lane Gazette, 03 September 1998; [1998] EWCA Civ 1202; (1999) RTR 1982
3 Sep 1998
CA
Licensing, Transport, Health and Safety
A trishaw was properly a form of hackney carriage, not a 'stage coach,' and the Local Authority was able to impose conditions upon the licensing of a service, including limiting the number of passengers and so as to ensure safety. A trishaw was a " . . . cross between a rickshaw and a bicycle and a tricycle. Like a tricycle, it has three wheels; a single front wheel and two rear wheels. Over the rear wheels, a compartment in which the passengers may sit is suspended. The vehicle is an adaptation of a rickshaw replacing the individual running on the ground and pulling the vehicle with an individual using cycle technique to provide the power for propelling the vehicle."
Town and Police Clauses Act 1847 38 - Local Government (Miscellaneous Provisions) Act 1976 47
1 Cites
1 Citers
[ Bailii ]
Regina v Nelson Group Services (Maintenance) Ltd Times, 17 September 1998; [1998] EWCA Crim 2005; [1998] EWCA Crim 2511
17 Sep 1998
CA
Health and Safety, Crime
The fact that a third party was put at risk by the negligence of an employee did not prevent the employer seeking to rely upon the statutory defence that he had taken all reasonable steps to avoid such risks.
Health and Safety at Work Act 1974 3
[ Bailii ] - [ Bailii ]
Regina v F Howe and Son (Engineers) Limited Gazette, 13 January 1999; Gazette, 03 February 1999; Times, 27 November 1998; [1999] 2 All ER 249; [1998] EWCA Crim 3154
6 Nov 1998
CACD
Health and Safety, Criminal Sentencing
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 both small and large companies, but there can still be no general tariff.
Health and Safety at Work Act 1974
1 Citers
[ Bailii ]
Kay (Health and Safety Executive) v Biggs and Botto (Trading As Print-Pac Services) [1998] EWHC Admin 1074
18 Nov 1998
Admn
Health and Safety
[ Bailii ]