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: 2001 To: 2001
This page lists 17 cases, and was prepared on 27 May 2018.
Mackie v Dundee City Council; 2001 - [2001] Rep LR 62
Tasci v Pekalp of London Ltd Times, 17 January 2001
17 Jan 2001
CA
Health and Safety, Personal Injury, Employment
The duty of an employer properly to train his employees in the use of wood-working machinery, as set out in the Regulations, extended beyond that needed to give a comprehensive explanation in ordinary language. Particularly in the case where an employee might not have a good command of English, or where there was reason to suspect that he might exaggerate his understanding, the employer should verify the extent of understanding achieved.
Woodworking Machines Regulations 1974 (1974 no 903)
Shell Tankers UK Limited v Jeromson; The Cherry Tree Machine Company Limited, Shell Tankers UK Limited v Dawson; CA 2-Feb-2001 - Times, 02 March 2001; [2001] EWCA Civ 101; [2001] ICR 1223; [2001] PIQR P19
Janicki v Secretary of State for the Home Department; CA 2-Feb-2001 - Times, 02 February 2001
Railtrack Plc v Smallwood; QBD 16-Feb-2001 - Times, 16 February 2001; Gazette, 01 March 2001; [2001] ICR 714
Holmes v SGB Services Plc [2001] EWCA Civ 354
19 Feb 2001
CA
Henry LJ, Buxton LJ, Arden LJ
Personal Injury, Health and Safety
[ Bailii ]
Garrett v Camden London Borough Council [2001] EWCA Civ 395; [2001] All ER (D) 202
16 Mar 2001
CA
Simon Brown LJ
Personal Injury, Health and Safety, Employment
The court considered a claim for work related stress. The claimant asserted that he had been harassed, intimidated and systematically undermined: 'Many, alas, suffer breakdowns and depressive illnesses and a significant proportion could doubtless ascribe some at least some of their problems to the strains and stresses of their work situation: be it simply overworking, the tension of difficult relationships, career prospect worries, fears or feelings of discrimination or harassment, to take some examples. Unless, however, there was a real risk of breakdown which the claimant's employers ought reasonably to have foreseen and they ought properly to have averted there can be no liability.' (Simon Brown LJ)
1 Cites
1 Citers
[ Bailii ]
Griffin and others v Clwyd Health Authority and others [2001] EWCA Civ 818
14 May 2001
CA
Personal Injury, Health and Safety, Limitation
Limitation Act 1980 33
1 Cites
[ Bailii ]
James Edward Beck v United Closures and Plastics Plc [2001] ScotCS 160; (2001) SLT 1299
22 Jun 2001
SCS
Lord McEwan
Scotland, Health and Safety
Two heavy doors in which the pursuer trapped his hand were not within the definition of workplace, which contemplated open spaces, but did constitute work equipment in terms of the 1998 Regulations.
1 Citers
[ Bailii ] - [ ScotC ]
Smith v Wright and Beyer Ltd [2001] EWCA Civ 1069
3 Jul 2001
CA
Pill, Tuckey LJJ
Personal Injury, Health and Safety
1 Citers
[ Bailii ]
Alsop v Sheffield City Council [2001] EWCA Civ 1281
17 Jul 2001
CA
Health and Safety, Personal Injury
[ Bailii ]
Regina v Francois Pierre Marcellin Thoron [2001] EWCA Crim 1797
30 Jul 2001
CACD
Crime, Health and Safety
The appellant had been convicted that as a haulage contractor he had conspired with his drivers to cause them to drive beyond the permitted hours, and in other ways contrary to their safety. He argued it was a misuse of the Act to ally it with the more severe Transport Act regime. That appeal was rejected, since the Act clearly envisaged such prosecutions and use outside the workplace. Objections had also been taken to two jurors. Both were rejected, and the case had been heard before the Human Rights Act had come into effect.
Health and Safety at Work Act 1974 2(1) - Transport Act 1968
1 Cites
[ Bailii ]
Regina on Application of A v Head Teacher of Penlan School And; Governors of Penlan School and and City and County of Swansea [2001] EWHC Admin 721; [2002] ELR 244
31 Aug 2001
Admn
Mr Justice Hooper
Education, Children, Health and Safety
A school wrote a letter to a child's parents saying that he would be permanently excluded after verbal violence against a teacher. This was said to have followed earlier serious and repeated problems of indiscipline. His appeal was successful, and he was returned to the class The teachers proposed a strike. The head teacher wrote to say that he could not guarantee the child's health and safety at school. The Act only allows exclusion on disciplinary grounds. The reference to health and safety, and the implicit threat amounted to an unlawful exclusion.
School Standards and Framework Act 1998 64(4)
1 Citers
[ Bailii ]
Marks and Spencer plc v Palmer [2001] EWCA 1528
9 Oct 2001
CA
Waller and Schiemann LJJ
Health and Safety, Personal Injury
A shopper carrying some heavy bags tripped and fell over a weather strip, which was proud of the floor at an exit door to the extent of some 8 to 9.5 mm high. The recorder had said that, once he was satisfied that the claimant came into contact with it and fell, it followed "as night follows day" that the traffic route was not suitable for the purpose for which it was used. Held: The appeal was allowed. Regulations 12(1) and (2) should be read together, and suitability required to be examined from a health and safety viewpoint, and the floor was suitable or did not fall "within the concept of constituting a risk to health and safety as used in this regulation.
Schiemann LJ pointed out that context was everything, that the case concerned a shop exit which would be used by many people with varying degrees of physical mobility, but that slight rises in surface levels occurred everywhere.
Waller LJ said that "the court should therefore consider whether the floor had been constructed in such a way as to expose any person to a risk to his health and safety and should have regard to the extent of any risk and its likely consequences as well as to the nature of any persons exposed to it, before standing back and asking itself "by reference to such factors as they existed before this accident took place, and not with any benefit of hindsight, was this floor suitable?".
Workplace (Health, Safety and Welfare) Regulations 1992 SI No. 3004
1 Citers
[ Bailii ]
Robinson and Another v Northumbria Police Authority and Another [2001] EWCA Civ 1556
12 Oct 2001
CA
Police, Health and Safety, Negligence
Two police officers sought damages after their patrol car was trapped and attacked by youths. Senior officers were aware of such attacks, and considered arrangements for different windscreens. Held: The risk was forseeable, and given the additional known risks faced by police officers, it was reasonable for the authority to have acted.
[ Bailii ]
Bahia v S P Tyres (Uk) Ltd [2001] EWCA Civ 1784
9 Nov 2001
CA
Latham LJ
Personal Injury, Health and Safety
Application for a permission to appeal .
[ Bailii ]
Green v Yorkshire Traction Company Ltd [2001] EWCA Civ 1925
5 Dec 2001
CA
Kay LJ
Health and Safety
Mr Green was a bus driver who slipped on the step of his bus. Passengers had dripped rainwater on the step. Counsel for Mr Green referred to article 5(1) of the Framework Directive which states: "The employer shall have a duty to ensure the safety and health of workers in every aspect related to work." It was submitted that because of the wetness the step had not been maintained in an efficient condition within the meaning of the regulation. After consideration of the relevant terms of the Treaty of Rome and of the Framework and Work Equipment Directives, it was again decided that the duties under European law are not in any sense absolute obligations. It is sufficient if Parliament respects the specified minimum requirements. On the merits of the case, following the general approach set out in Latimer Lord Justice Kay said: "I find it impossible to conclude that a bus which is going about its ordinary everyday work, picking up passengers and transporting them in weather which was not in any way out of the ordinary, can be described as not being maintained in an efficient state just because, on a rainy day, some water has got onto the step, either from the wet clothing of the passengers or from their feet. To hold otherwise would be to impose the sort of absolute duty for which Mr Copnall contended but which I reject."
1 Citers
[ Bailii ]
