Source: All England Reporter
Publisher Citation: [2004] All ER (D) 310 (Mar)
Court: Court of Appeal, Civil Division
Judge:

Rix and Carnwath LJJ
Representation Roger Harris (instructed by Porter Dodson) for the claimant.
  Gabriel Farmer (instructed by Morgan Cole) for the defendant.
Judgment Dates: 16 March 2004

Catchwords

Employment - Employer - Breach of statutory duty - Duty to provide safe system of work - Back injury - Foreseeable risk - Real risk - Act novel to established work practice - Manual Handling Operations Regulations 1992, , reg 4.

The Case

Where a claimant had acted in such a manner that her actions were totally novel from the established manner of undertaking a task, such as sorting and lifting post bags, the employer would not be held liable for any personal injury suffered by that claimant as a result of such actions under reg4 of the Manual Handling Operations Regulations 1992, if that conduct was not a reasonably foreseeable risk on the part of the employer.

Practice Areas

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