Source: All England Reporter
Publisher Citation: [2012] All ER (D) 12 (May)
Court: Court of Appeal, Civil Division
Judge:

Sir Andrew Morritt C, Hughes and McFarlane LJJ (judgment delivered extempore)

Representation Martin McLeish (instructed by Russell-Cooke LLP) for the claimant.
  Bella Morris (instructed by Plexus Law) for the defendant.
Judgment Dates: 1 May 2012

Catchwords

Health and safety at work - Employer's duties - Duty to employees - Claimant working as chambermaid for defendant - Claimant suffering injuring moving bed - Judge finding defendant failing to provide continuous refresher training on lifting procedures - Judge finding defendant's failure causative of claimant's injuries - Defendant submitting judge erring in finding lack of training causative of injuries - Manual Handling Operations Regulations 1992, .

The Case

Health and safety at work Employer's duties. The Court of Appeal, Civil Division, allowed the defendant's appeal against a finding that it had been in breach of the Manual Handling Operations Regulations 1992, SI1992-2793, by failing to provide training on the proper practices to be carried out when lifting, holding that, on the facts as found by the judge, the claimant employee's injuries had not been caused as a result of lifting.

Practice Areas

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