||All England Reporter
|| All ER (D) 116 (Mar)
|| EWCA Civ 263
||Court of Appeal, Civil Division
Sir Andrew Morritt C, Patten and Pitchford LJJ
||Richard Copnall (instructed by Russell Jones & Walker) for the claimant.
||Graham Wells (instructed by DWF Solicitors) for the defendant.
||8 March 2012
Health and safety at work - Employer's duties - Claimant gamekeeper being employed by defendant trust - Defendant instructing claimant in firearm safety - Defendant instructing claimant to remove cartridges from shotgun when crossing obstacles - Claimant, working alone, falling over obstacle and shooting himself - Claimant issuing proceedings contending defendant in breach of relevant regulations - Judge dismissing claim - Claimant appealing - Whether judge erring - Provision and Use of Work Equipment Regulations 1998, .
Health and safety at work Employer's duties. The Court of Appeal, Civil Division, held that the defendant employer was not in breach of the Provision and Use of Work Equipment Regulations 1998 , where it had issued instructions requiring the claimant gamekeeper to remove cartridges from his shotgun when crossing obstacles, and where the claimant had ignored those instructions while working alone, so that he shot himself when he fell over a wall.
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