||All England Reporter
|| All ER (D) 500 (Jul)
|| EWCA Civ 1139
||Court of Appeal, Civil Division
Peter Gibson, Chadwick LJJ and Nelson J
||Simon Michael (instructed by Austins, Luton) for the claimant.
||Rohan Pershad (instructed by Beachcroft Wansbrough) for the defendant.
||31 July 2002
Statutory duty - Breach - Personal injury - Defendant failing to give claimant training in safe lifting practices - Claimant suffering injury - Judge finding lack of training not causing injury - Whether statutory regulations applicable - Whether breach of regulations - Whether injury foreseeable - Whether breach of regulations causative of injury - Manual Handling Operations Regulations 1992, reg 4(1)(b)(ii).
In the instant case, a judge had erred in failing to consider properly the applicability of the Manual Handling Operations Regulations 1992. Had she done so properly, she would have found that the Regulations applied and that in failing to train the claimant the defendant had been in breach of reg4(1)(b)(ii) and that that breach had thereby caused the claimant's accident.
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