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: 1999 To: 1999
This page lists 14 cases, and was prepared on 27 May 2018.
Duncanson v South Ayrshire Council; 1999 - 1999 SLT 519
Owen Mckane v H Corcoran Building Limited [1999] EWCA Civ 582
15 Jan 1999
CA
Health and Safety, Personal Injury
Plaintiff's appeal against dismissal of claim for personal injuries incurred falling from ladder at work.
[ Bailii ]
English v North Lanarkshire Council [1999] ScotCS 29; 1999 SCLR 310
22 Jan 1999
SCS
Lord Reed
Scotland, Health and Safety, European
The application of the phrase 'work equipment' is to protect the workman using such equipment. This might embrace routine maintenance or cleaning or even minor repairing while the machine is operating. The 1998 Regulations should not be interpreted narrowly and in a way which would fail to implement the Framework Directive.
Work Equipment Directive (Council Directive 89/655/EEC of 30 November 1989 - Provision and Use of Work Equipment Regulations 1998
1 Citers
[ Bailii ] - [ ScotC ]
Moses Fano Sithole and others v Thor Chemical Holdings Limited and Desmond John Cowley [1999] EWCA Civ 706
3 Feb 1999
CA
Personal Injury, Health and Safety, Limitation
[ Bailii ]
Evans v Currall Lewis and Martin Ltd and McDonalds Transport [1999] EWCA Civ 782
12 Feb 1999
CA
Personal Injury, Health and Safety
[ Bailii ]
Chalk v Devizes Reclamation Company Limited Times, 02 April 1999; Gazette, 24 March 1999; [1999] EWCA Civ 849
24 Feb 1999
CA
Sir Stephen Brown Lord Justice Swinton Thomas
Negligence, Health and Safety, Personal Injury
Where a task required common-sense, and no obvious instructions were capable of avoiding a danger, an employer was not required to produce instruction and training. The judge erred in finding liability without finding what would have helped.
Post Office v Footitt [2000] IRLR 243; [1999] EWHC Admin 376
29 Apr 1999
Admn
Ognall J
Health and Safety
Challenge to improvement notice.
Health and Safety at Work Act 1974 21 - Workplace (Health, Safety and Welfare) Regulations of 1992
[ Bailii ]
Regina v Rollco Screw and Rivet Co Ltd and others Times, 29 April 1999
29 Apr 1999
CACD
Health and Safety
When assessing penalties to be imposed upon companies convicted under the Acts, the court should ensure the gravity of the offence is marked, that directors perceive their personal responsibility, but can be paid over a longer term.
Health and Safety at Work Act 1974
Susan Moore v Kirklees Metropolitan Council [1999] EWCA Civ 1326
30 Apr 1999
CA
Lord Justice Peter Gibson, Lord Justice Potter
Health and Safety, Negligence, Personal Injury
The claimant was employed as a dinner lady at a junior school. Whilst supervising playtime, a child jumped on her, causing her injury. The council appealed a finding of negligence. The boy had been recognised as being in need of special management for his behaviour, and had behaved in a similar fashion before. There were steps which could have been taken to reduce the risks, including the issue of earnings, training, and the employment of more staff. Held: Mere forseeability was insufficient to establish liability. Each such case must turn on its own facts. In this case the finding was correct in law.
1 Cites
[ Bailii ]
Sudager Singh Gill v Kraft Jacobs Suchard Limited [1999] EWCA Civ 1455
20 May 1999
CA
Personal Injury, Health and Safety
[ Bailii ]
Joyce Andrews v Initial Cleaning Services Limited McDougalls Catering Foods Limited Gazette, 02 September 1999; Times, 18 August 1999; [1999] EWCA Civ 1831
14 Jul 1999
CA
Lord Justice Pill, Lord Justice Laws
Health and Safety, Personal Injury, Damages
Employees of one company were injured whilst working cleaning the premises of another. The issue was as to apportionment of the personal injury damages between the two companies. Held: There was an error of approach by the Recorder entitling the Court of Appeal to interfere with the apportionment. The defendant employer's duty was not delegable, and their substantial presence in the premises placed a duty upon them to check the safety of the premises and was a very significant factor in any proper apportionment. Where employees of a company were working at a remote site, the employers retained the primary responsibility for ensuring that a safe place of work and method of work were provided, even when this extended to the condition of fittings at the remote premises. In this case the employers had 75 per cent and the owners of the building 25 per cent responsibility.
Civil Liability (Contributions) Act 1978 2
1 Cites
[ Bailii ]
Abbott and others v Rockware Glass Limited [1999] EWCA Civ 2032
30 Jul 1999
CA
Personal Injury, Health and Safety
Exposure to dust and fumes.
[ Bailii ]
Halling v Scout Association; Webber and Fuller [1999] EWCA Civ 2103
24 Aug 1999
CA
Personal Injury, Health and Safety
[ Bailii ]
Lindsay Plant Limited v Norwest Holst Group Plc [1999] ScotCS 273
17 Nov 1999
SCS
Lord Hamilton
Scotland, Personal Injury, Health and Safety
[ Bailii ] - [ ScotC ]