In Jebson v Ministry of Defence, the Court of Appeal awards damages to a soldier who, while off duty and drunk, fell from a moving army lorry.
The Court of Appeal has refused to move away from the principle of identification which restricts the prosecution of companies for manslaughter. Ruling that the law is clear from consistent application in previous cases, the Court of Appeal dismissed the prosecution's appeal against the trial judge's refusal to allow charges of corporate manslaughter against Great Western Trains arising from the Southall rail crash in September 1997.
In Fraser v Winchester Health Authority, the Court of Appeal upholds an award of damages to an employee who was severely burned on a camping trip, but reduces the damages by one-third.
In Hunter v British Coal and Cementation Mining Company, the Court of Appeal dismisses a claim by a worker who suffered depression following the death of a colleague in an accident which he believed he had caused.
In R v Rhône-Poulenc Rorer Ltd, the Court of Appeal rules that the requirement to provide some suitable physical means to prevent falls through fragile materials, as set out in the construction Regulations, is absolute.
In Nelhams v Sandells Maintenance Ltd and Gillespie (UK) Ltd, the Court of Appeal holds that an employer is liable for an employee whose safety it has entrusted to a third party.
The decision of the Court of Session in Robertson and Rough v Forth Road Bridge Joint Board shows that the Scottish courts will be reluctant to extend this duty, and will tend towards a narrow view when deciding claims.
HR and legal information and guidance relating to health and safety incidents (accidents).