Search results
1 – 10 of 276L.J. Davies, Edmund Davies and L.J. Buckley
July 6,1971 Building — Construction Regulations — “Working place” — Guard‐rails to be erected where workmen liable to fall more than six feet six inches — Partly demolished…
Abstract
July 6,1971 Building — Construction Regulations — “Working place” — Guard‐rails to be erected where workmen liable to fall more than six feet six inches — Partly demolished building — Floorboards removed to make four—feet—wide passageways with gap in between — Whether passageways a “working place” — Whether “impracticable” to erect guard‐rails — Construction (Working Places) Regulations, 1966 (S.I. 1966, No. 94), regs. 28(1), 38(1).
L.J. Davies, Edmund Davies and L.J. Karminski
February 10, 1971 Factory — Statutory duty — Breach — Lighting — Maintenance — Lighting on kiln roof and on chimney stack — Control of roof lights at ground level — Workman…
Abstract
February 10, 1971 Factory — Statutory duty — Breach — Lighting — Maintenance — Lighting on kiln roof and on chimney stack — Control of roof lights at ground level — Workman injured — Action against employers — Allegations of negligence and breach of statutory duty in statement of claim not established — Amendment to statement of claim allowed at late stage of trial — Findings of negligence and breach of statutory duty against employers based solely on amendment — Amendment wrongly allowed — Factories Act, 1961 (9 & 10 Eliz. II, c. 34), ss. 5(1), 28(4), 29(1).
L.J. Davies, Edmund Davies and L.J. Stamp
June 10, 1971 Negligence — Burden of proof — Res ipsa loquitur — Whether necessary to plead‐Accident during course of employment — Workman injured by fall of heavy panels — Action…
Abstract
June 10, 1971 Negligence — Burden of proof — Res ipsa loquitur — Whether necessary to plead‐Accident during course of employment — Workman injured by fall of heavy panels — Action against employer — Allegation that workmen moving panels caused or permitted them to fall — No alternative explanation — Applicability of doctrine of res ipsa loquitur — Damages — Agreed continuing annual loss — Dispute as to total sum awarded — Basis of calculation to be disclosed to court.
L.J. Willmer, L.J. Davies and Edmund Davies
November 28, 1967 Factory — Lifting tackle — Hook — Steelworks — Removal of scab — Hook placed under it — Hook suspended from chain of crane — Strain taken up by crane to enable…
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November 28, 1967 Factory — Lifting tackle — Hook — Steelworks — Removal of scab — Hook placed under it — Hook suspended from chain of crane — Strain taken up by crane to enable brick to be placed under scab — Whether “raising” operation — Factories Act, 1961 (9 & 10 Eliz. II. c.34), s. 26(1).
L.J. Davies, Edmund Davies and L.J. Phillimore
February 5, 1970 Negligence — Standard of care — Turner injured while manually polishing work in lathe — Danger known to employers — Evidence of common practice — Whether…
L.J. Sellers, L.J. Davies and Edmund Davies
November 23, 1966 Negligence — Duty of care to whom? — Several contractors — Number of small sub‐contractors providing labour for work on site — No provision in contracts for…
Abstract
November 23, 1966 Negligence — Duty of care to whom? — Several contractors — Number of small sub‐contractors providing labour for work on site — No provision in contracts for necessary safety precautions — Main contractor retaining over‐riding control — Sub‐contractor's men working in close proximity to opening in roof — Fall of workman employed by other sub‐contractor through unfenced opening — Liability of all contractors — Apportionment.
Edmund Davies, L.J. Stamp and L.J. Scarman
Damages — Loss of future earnings — Assessment of — Domestic worker injured in fall at work — Injury to shoulder and right arm resulting in partial permanent disability — No…
Abstract
Damages — Loss of future earnings — Assessment of — Domestic worker injured in fall at work — Injury to shoulder and right arm resulting in partial permanent disability — No immediate loss of earnings — Employers' undertaking to retain in employment — Risk of future unemployment — Factors to be taken into account in assessing damages.
M.R. Denning, Edmund Davies and L.J. Megaw
January 28,1971 Trade union — Rules — Discretion conferred on domestic tribunal to approve or disapprove elected shop steward — Committee decision not to endorse elected shop…
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January 28,1971 Trade union — Rules — Discretion conferred on domestic tribunal to approve or disapprove elected shop steward — Committee decision not to endorse elected shop steward — One of three reasons given erroneous and defamatory of shop steward — Action for declarations and damages — Finding by trial judge that bad reason played no part in committee's decision — Appellate court bound by judge's finding — Whether decision not to approve election within committee discretion.
Edmund Davies, L.J. Stamp and L.J. Stephenson
July 6, 1973 Factories — Eyes — Protective equipment — Whether “suitable” goggles “provided” — Whether compliance with statutory duty excludes employers' common law duty of care …
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July 6, 1973 Factories — Eyes — Protective equipment — Whether “suitable” goggles “provided” — Whether compliance with statutory duty excludes employers' common law duty of care — Duty of employers at common law — Non‐Ferrous Metals (Melting and Founding) Regulations, 1962 (S.I. 1962 No. 1667) reg. 13(1) (c),(4).
Edmund Davies, L.J. Megaw and L.J. James
February 27, 1973 Factory — Statutory duty — Fume — Inhalation of low concentrations of oxides of nitrogen over prolonged period — Chronic lung illness — Employers' constructive…
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February 27, 1973 Factory — Statutory duty — Fume — Inhalation of low concentrations of oxides of nitrogen over prolonged period — Chronic lung illness — Employers' constructive knowledge of health hazard — Medical and other publications — Whether sufficiently indicating health hazard from 1965 onwards — Factories Act, 1961 (9 & 10 Eliz. II, c. 34), s. 63 (1).