header-logo header-logo

The correct approach

27 July 2012 / Keith Patten
Issue: 7524 / Categories: Features , Damages , Personal injury
printer mail-detail

How should the courts apply the Manual Handling Operations Regulations, asks Keith Patten

We have reached the 20th anniversary of the Manual Handling Operations Regulations 1992 (SI 1992/2793) and yet, despite this passage of time, there still seems to be a need for the Court of Appeal to remind judges of the nature of the obligations imposed and, in particular, their important distinction from many common law duties in negligence. This has led the Court of Appeal again to overturn a first instance decision in the case of Ali Ghaith v Indesit Co UK Ltd [2012] EWCA Civ 642.

The factual background

The claimant was employed by the defendant as a mobile service engineer. His job consisted of carrying out repairs in customers’ houses on items such as washing machines, refrigerators etc. In order to do this he used a van supplied by the defendants which carried a stock of equipment and parts that he may need on his visits. It was the practice, once a year, to undertake a full stock-take

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll