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Court of Appeal rules on suing the HSE

This report relates to 1 case(s)

  • expand disabled

    Harris v Evans and another [1998] 3 All ER 522 CA (0 other reports)

In Harris v Evans and the HSE, the Court of Appeal confirms that HSE advice to local authorities leading to the issue of improvement and prohibition notices cannot, save in exceptional circumstances, be the subject of a negligence claim, even if the advice is negligent and causes economic loss.

One of the HSE's functions under the HSW Act is to offer advice on potentially hazardous undertakings, so when in late 1992 John Harris wanted to set up a bungee-jumping operation using a mobile telescopic crane, he consulted the HSE.