Source: All England Reporter
Publisher Citation: [2012] All ER (D) 116 (Mar)
Neutral Citation: [2012] EWCA Civ 263
Court: Court of Appeal, Civil Division
Judge:

Sir Andrew Morritt C, Patten and Pitchford LJJ
Representation Richard Copnall (instructed by Russell Jones & Walker) for the claimant.
  Graham Wells (instructed by DWF Solicitors) for the defendant.
Judgment Dates: 8 March 2012

Catchwords

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, .

The Case

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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